UNIVERSITY  OF  CALIFORNIA 

AT   LOS  ANGELES 


HON.  JOHN  W_  DANIEL. 


JOHN  WARWICK  DANIEL 


(Late  a  Senator  from  Virginia) 


MEMORIAL  ADDRESSES 


Proceedings  in  the  Senate 
February  20,  1911 


Proceedings  in  the  House 
June  24, 1911 


COMPILED  UNDER  THE  DIRECTION  OF 
THE  JOINT  COMMITTEE  ON  PRINTING 


WASHINGTON 

1911 


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TABLE  OF  CONTENTS. 


Page. 

Proceedings  in  the  Senate 5 

Prayer  by  Rev.  Ulysses  G.  B.  Pierce,  D.  D 5 

Memorial  addresses  by — 

Mr.  Martin,  of  Virginia 9 

Mr.  Lodge,  of  Massachusetts 35 

Mr.  Root,  of  New  York 40 

Mr.  Perkins,  of  California 43 

Mr.  Simmons,  of  North  Carolina 50 

Mr.  Swanson,  of  Virginia 56 

Mr.  Money,  of  Mississippi 69 

Proceedings  in  the  House 73 

Prayer  by  Rev.  Henry  N.  Couden,  D.  D 74 

Memorial  addresses  by — 

Mr.  Jones,  of  Virginia 77 

Mr.  Ransdell,  of  Louisiana 84 

Mr.  Clark,  of  Missouri 88 

Mr.  Richardson,   of  Alabama 91 

Mr.  Kahn,  of  California 96 

Mr.  Glass,  of  Virginia 100 

Mr.  Lamb,  of  Virginia 109 

Mr.  Holland,  of  Virginia 116 

Mr.  Slemp,  of  Virginia 118 

Mr.  Flood,  of  Virginia 127 

Mr.  Simmons,  of  New  York 135 

Mr.  Brantley,  of  Georgia 137 

Mr.  Small,  of  North  Carolina 142 

Mr.  Saunders,  of  Virginia 145 


[3] 

211334 


DEATH  OF  HON.  JOHN  WARWICK  DANIEL 


PROCEEDINGS  IN  THE  SENATE 

DECEMBER  5, 1910. 

The  Vice  President  (James  S.  Sherman  of  New  York) 
called  the  Senate  to  order  at  12  o'clock  noon. 

The  Chaplain,  Rev.  Ulysses  G.  B.  Pierce,  D.  D.,  offered 
the  following  prayer: 

Almighty  God,  our  heavenly  Father,  in  whose  presence 
we  now  stand,  look  with  favor,  we  pray  Thee,  upon  Thy 
waiting  servants  now  before  Thee,  and  graciously  hear 
the  common  supplication  which  with  one  heart  and  with 
one  mind  we  make  unto  Thee. 

The  absent  faces  remind  us  anew  that  it  is  not  in  us 
who  walk  to  direct  our  steps,  and  that  we  are  ever  depend- 
ent upon  Thee,  without  whom  not  a  sparrow  falleth.  We 
remember  before  Thee,  our  Father,  those  of  our  body 
whom  Thou  hast  called  from  these  earthly  courts  to  Thine 
higher  service,  and  pray  that  there  as  here  they  may  be 
compassed  about  by  Thine  everlasting  arms. 

And  for  us,  as  we  gird  ourselves  for  the  work  to  which 
Thou  hast  called  us,  we  pray  that  we  may  be  guided  by 
Thy  wisdom,  and  upheld  by  Thy  strength;  that  this  ses- 
sion, begun  in  Thy  name,  may  be  continued  by  Thy  grace 
and  ended  to  Thy  glory. 

And  unto  the  name  which  is  above  every  name  will  we 
render  praise,  now  and  forevermore.  Amen. 


[5] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Mr.  MARTIN.  Mr.  President,  it  is  my  painful  duty  to 
announce  to  the  Senate  that  my  late  colleague,  Hon.  JOHN 
W.  DANIEL,  departed  this  life  in  the  city  of  Lynchburg  on 
the  29th  day  of  June  last. 

Senator  DANIEL  had  been  a  Member  of  the  Senate  for 
nearly  24  years,  and  had  been  reelected  for  a  fifth  term, 
which  would  have  commenced  on  the  4th  day  of  March, 
1911.  I  think  I  may  be  pardoned  for  saying  that  during 
his  long  service  in  the  Senate  no  Member  of  the  body 
enjoyed  in  a  higher  degree  than  he  did  the  esteem,  the 
confidence,  and  the  affection  of  his  associates.  I  think  I 
may  say,  too,  that  during  his  long  term  of  service  here  no 
State  was  represented  with  more  ability  and  fidelity  than 
Virginia  was  by  Senator  DANIEL.  As  a  soldier,  as  a 
lawyer,  as  an  author,  as  an  orator,  and  as  a  statesman  he 
attained  great  distinction  and  reflected  honor  on  his  State, 
where  he  was  admired  and  beloved  as  no  other  public 
man  has  been  in  my  recollection. 

This  is  not  a  time,  however,  for  me  to  indulge  in  any 
extended  remarks  about  Senator  DANIEL'S  public  services 
or  noble  character.  Later  on  I  will  ask  the  Senate  to  set 
aside  a  day  when  proper  tribute  can  be  paid  to  his  mem- 
ory. I  send  to  the  desk  some  resolutions  which  I  ask  may 
be  adopted. 

I  will  state  that  I  do  not  at  this  time  make  a  motion  for 
the  adjournment  of  the  Senate  because  there  are  sad  tid- 
ings from  other  States,  which  will  have  to  be  communi- 
cated to  the  Senate  by  other  Senators  before  the  motion 
should  be  made. 

The  VICE  PRESIDENT.  The  Secretary  will  read  the  resolu- 
tions submitted  by  the  Senator  from  Virginia. 


[6] 


PROCEEDINGS  IN  THE  SENATE 


The  Secretary  read  the  resolution  (S.  Res.  287),  as 
follows : 

Resolved,  That  the  Senate  has  heard  with  profound  sorrow  of 
the  death  of  the  Hon.  JOHN  W.  DANIEL,  late  a  Senator  from  the 
State  of  Virginia. 

Resolved,  That  the  Secretary  communicate  a  copy  of  these  reso- 
lutions to  the  House  of  Representatives. 

The  VICE  PRESIDENT.  The  question  is  on  the  adoption 
of  the  resolutions. 
The  resolutions  were  unanimously  agreed  to. 


JANUARY  24,  1911. 

Mr.  MARTIN.  Mr.  President,  after  conference  with  my 
colleague  [Mr.  Swanson]  and  with  the  Senators  from 
Louisiana,  and  with  their  concurrence,  I  desire  to  give 
notice  that  on  Monday,  the  20th  day  of  February,  at  half 
past  2  o'clock,  I  will  ask  the  Senate  to  lay  aside  all  other 
business  in  order  that  proper  tribute  may  be  paid  to  the 
memory  of  my  late  colleague,  Senator  DANIEL,  and  the 
memory  of  the  late  Senator  from  Louisiana,  Mr.  McEnery. 


MONDAY,  February  20,  1911. 
The  Senate  met  at  11  o'clock  a.  m. 

The  Chaplain,  Rev.  Ulysses  G.  B.  Pierce,  D.  D.,  offered 
the  following  prayer: 

Almighty  God,  our  heavenly  Father,  unseen  but  not 
unknown,  in  our  great  loss  we  take  refuge  in  Thee,  who 
hast  been  our  refuge  in  all  generations.  In  our  sorrow 
Thy  pity  revives  our  fainting  souls,  and  in  our  distress 
Thou  hearest  us  as  we  call  upon  Thee.  Thou  hast,  indeed, 
been  unto  us  like  the  shadow  of  a  great  rock  in  a  weary 
land. 

[7] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

And  now,  O  heavenly  Father,  in  our  affliction  give  unto 
us  the  peace  that  floweth  as  a  river.  In  our  sorrow  grant 
unto  us  the  comfort  that  is  born  of  hope  and  the  faith 
that  is  rooted  in  love.  As  we  meditate  upon  the  life  of 
Thy  servants  whom  Thou  hast  called  from  our  midst, 
make  us  worthy  of  the  fellowship  of  the  great  cloud  of 
witnesses  with  which  Thou  hast  surrounded  us. 

And  unto  Thee,  who  art  the  God  of  all  comfort  and  of 
all  grace,  will  we  ascribe  praise  now  and  forevermore. 
Amen. 

Mr.  MARTIN.  Mr.  President,  I  send  to  the  desk  the  fol- 
lowing resolutions,  which  I  ask  may  be  adopted  by  the 
Senate. 

The  VICE  PRESIDENT.  The  Senator  from  Virginia  sub- 
mits the  following  resolutions,  which  will  be  read. 

The  resolutions  (S.  Res.  359)  were  read,  considered 
by  unanimous  consent}  and  unanimously  agreed  to,  as 
follows : 

Resolved,  That  the  Senate  has  heard  with  profound  sorrow  of 
the  death  of  the  Hon.  JOHN  WARWICK  DANIEL,  late  a  Senator  from 
the  State  of  Virginia. 

Resolved,  That  as  a  mark  of  respect  to  the  memory  of  the 
deceased  the  business  of  the  Senate  be  now  suspended  to  enable 
his  associates  to  pay  proper  tribute  to  his  high  character  and 
distinguished  public  services. 

Resolved,  That  the  Secretary  communicate  a  copy  of  these 
resolutions  to  the  House  of  Representatives  and  transmit  a  copy 
thereof  to  the  family  of  the  deceased. 


[8] 


MEMORIAL  ADDRESSES 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 

Mr.  PRESIDENT  :  The  duty  that  now  devolves  upon  me  to 
speak  of  the  life  and  character  of  JOHN  WARWICK  DANIEL, 
late  my  colleague  in  this  body  as  a  Senator  from  the 
State  of  Virginia,  is  one  the  performance  of  which  is 
attended  with  mingled  emotions. 

It  is  with  unfeigned  pleasure  that  I  add,  to  those  which 
will  be  so  much  more  fittingly  expressed  by  others  on  this 
floor,  my  own  humble  tribute  of  admiration,  affection, 
respect,  and  reverence  for  the  memory  of  one  who  was 
an  exemplar  of  all  that  is  highest,  noblest,  and  best  in  a 
manhood  devoted  to  its  country's  service.  And  I  confess 
to  a  frank  and  conscious  pride  in  the  privilege  that  is 
mine  to  speak  of  him  in  terms  of  an  intimate  relationship, 
based  not  only  upon  our  joint  service  here  for  many 
years,  nor  merely  upon  our  political  association,  but  also 
upon  a  lifelong  personal  friendship.  But  these  emotions 
are  well-nigh  swallowed  up  in  a  feeling  of  personal 
sorrow  and  loss  that  is  yet  too  fresh  and  poignant  to 
admit  of  my  speaking  unmoved  of  the  man  whom  I 
devotedly  loved  and  whose  affectionate  friendship  I 
cherish  in  memory  as  one  of  the  truest  and  closest  that 
my  life  has  known. 

One  can  but  experience  a  keen  satisfaction  in  the  con- 
templation of  a  life  that  has  been  rich  in  accomplishment, 
blameless  in  conduct,  crowded  with  deserved  honors,  and 

[9] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

blessed  with  that  crowning  glory  of  a  great  career — the 
devoted  love  of  a  faithful  people.  And  this  satisfaction 
may  be  shared  by  all  whose  thoughts  at  this  hour  are 
turned  upon  the  career  of  JOHN  W.  DANIEL,  for  such  a  life 
was  his  in  all  its  fullness. 

It  was  rich  in  accomplishment,  indeed.  As  a  youthful 
soldier  he  contributed  no  little  to  the  glory  and  renown 
of  the  incomparable  army  in  which  he  served.  As  a 
lawyer  he  adorned  his  profession  and  by  his  learning  and 
ability  shed  an  added  luster  upon  it.  As  an  author  he 
gave  to  the  profession  legal  textbooks  which  brought  him 
international  fame.  As  a  scholar  his  attainments  were 
rewarded  by  the  degree  of  doctor  of  laws  conferred  upon 
him  by  two  great  universities.  As  an  orator  he  has 
charmed,  delighted,  and  instructed  thousands  by  his  elo- 
quence and  has  left  to  posterity  a  rich  legacy  of  splendid 
orations  which  are  destined  to  live  among  the  finest 
known  to  our  language.  As  a  Senator  his  wisdom  in 
counsel,  his  power  in  debate,  his  great  knowledge  of  pub- 
lic affairs,  his  experience  in  legislation,  and  deep  study 
of  economics  gave  him  high  rank  among  the  broad- 
minded  statesmen  of  his  time;  and  his  conduct  and 
example  in  the  high  office  of  Senator  has  exerted  an 
influence  upon  this  body  that  will  be  felt,  for  the  country's 
good,  for  years  that  are  yet  to  come. 

His  life  was  as  upright  and  blameless  in  conduct  as  it 
was  rich  in  achievement.  For  more  than  a  generation 
he  stood  forth  in  the  full  glare  that  shines  about  the  man 
in  exalted  public  office;  and  through  all  those  years  not 
a  gleam  fell  upon  him  that  was  not  reflected  in  undimmed 
purity  from  his  untarnished  soul.  He  waged  many  politi- 
cal battles,  he  took  part  in  many  professional  conflicts 
of  great  importance,  he  has  filled  many  offices  of  public 
and  private  trust,  and  yet  he  so  bore  himself  amidst  the 
many  temptations  which  must  have  surrounded  him,  as 


[10] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


they  do  every  man,  that  when  he  finally  lay  cold  in  death 
no  man  could  point  to  one  dishonest  deed  or  to  a  single 
act  of  his  life  born  of  an  unworthy  motive.  In  all  my 
experience  of  men  in  public  or  private  life  I  never  knew 
one  whose  patriotism  was  more  exalted,  whose  devo- 
tion to  public  service  was  more  unselfish,  whose  loyalty 
was  more  unswerving,  or  whose  integrity  was  more 
unimpeachable. 

It  is  not  always  true  that  the  most  capable  and  deserv- 
ing in  this  world  receive  the  rewards  and  honors  that  are 
commensurate  with  their  abilities  and  their  deserts.  Too 
often  does  it  happen  that  self-assertion  and  demagogism 
win — for  a  time,  at  least — the  outward  tokens  of  a  peo- 
ple's regard  as  well  as  the  substantial  fruits  of  their 
favor.  But  it  is  pleasing  to  record  that  JOHN  W.  DANIEL'S 
life  was  filled  with  honors  graciously  bestowed;  that  he 
measured  up  in  fullest  stature  to  their  every  demand 
upon  him,  and  yet  bore  them  all  with  that  unassuming 
modesty  that  was  an  essential  part  of  his  noble  nature. 

He  was  but  little  more  than  a  boy — still  in  his  twenties — 
when  he  was  elected  to  the  House  of  Delegates  of  the 
General  Assembly  of  Virginia.  From  that  day,  back  in 
1869,  down  to  the  year  of  his  death,  when  he  was  for 
the  fifth  time  elected  to  a  seat  in  this  body,  he  was  the 
recipient  of  almost  every  mark  of  favor  and  distinction 
that  his  people  could  confer  upon  him. 

If  there  is  any  one  feature  of  Senator  DANIEL'S  career 
which,  more  than  all  others,  distinguished  it  and  set  it 
apart,  it  was  the  personal  love  and  affection  with  which 
he  was  regarded  by  his  whole  people.  He  was  known 
and  admired  by  the  whole  United  States,  in  the  South 
he  was  loved  and  revered,  but  Virginia  adored  him. 

He  was  known  in  every  section  of  her  broad  domain. 
High  and  low,  rich  and  poor,  white  and  black,  they  all 
knew  his  face.  They  had  heard  his  voice  and  clasped  his 


[11] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

hand.  They  recognized  his  familiar  crutch  and  never 
forgot  the  occasion  for  its  use.  Many  of  them  had  slept 
with  him  upon  the  field  of  battle  and  touched  his  elbow 
as  they  marched  into  a  common  danger,  and  they  knew 
he  had  never  flinched  nor  failed.  They  had  given  him 
their  trust  and  he  had  never  betrayed  them.  They  had 
sat  enthralled  under  his  matchless  eloquence  and  had 
learned  anew  their  glorious  traditions  and  even  more 
glorious  history.  They  had  seen  him  disdain  the  prof- 
fered bribe  of  self-interest  and  cast  his  lot  with  them 
and  their  poverty  that,  in  sharing  it,  he  might  the  better 
serve  them.  They  knew  him  for  what  he  was;  and  no 
man  in  the  history  of  that  great  State,  save  only  the  peer- 
less Lee,  has  ever  been  so  beloved  or  more  sincerely 
mourned  than  this  her  favorite  son  who  has  so  recently 
gone  to  rest. 

ANCESTRY  AND   BIRTH 

They  that  on  glorious  ancestors  enlarge 
Produce  their  debt  instead  of  their  discharge. 

But  JOHN  W.  DANIEL'S  life  presents  so  complete  a  quit- 
tance of  every  debt  to  birth  and  breeding  that  one  may 
without  danger  of  detracting  from  the  son  recall  the  dis- 
tinctions of  the  sires. 

JOHN  WARWICK  DANIEL  was  born  in  the  city  of  Lynch- 
burg,  Va.,  on  September  5,  1842.  He  came  of  a  dis- 
tinguished lineage,  and  one  may  find  in  the  lives  of  his 
progenitors  the  promise  of  his  own  illustrious  career. 

His  grandfather,  William  Daniel,  sr.,  was  a  man  of  the 
highest  order  of  intellect,  a  lawyer  of  signal  ability,  and 
one  of  the  ablest  judges  of  his  day  in  Virginia.  He  was 
a  member  of  the  two  famous  legislatures  of  1798  and  1799 
of  that  State.  In  the  latter  he  was  an  associate  of  James 
Madison,  who  alone  of  all  that  distinguished  company 
could  be  regarded  as  his  superior.  His  great  speech  in 
the  legislature  of  1798  in  advocacy  of  the  renowned 

[12] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


"  Resolutions,"  which  had  been  prepared  by  Mr.  Madison 
on  the  subject  of  the  "Alien  and  Sedition  Laws,'*  was  per- 
haps the  ablest  delivered  by  any  member  on  that  side  of 
the  great  debate. 

For  many  years  he  was  a  judge  of  the  circuit  court  of 
the  State,  and  as  such  was  a  member  of  the  general  court 
as  it  existed  prior  to  1851.  This  court  exercised  final 
appellate  jurisdiction  in  criminal  cases,  and  the  opinions 
of  Judge  Daniel,  delivered  from  its  bench,  are  noted  for 
their  lucidity  and  vigor,  some  of  them  being  '*  leading 
cases  "  in  Virginia,  yet  quoted  with  assurance  by  the  pres- 
ent-day practitioner.  As  a  man  he  was  rugged  and  strong 
in  character,  of  great  dignity,  possessed  of  the  judicial 
temperament  in  a  marked  degree,  and  of  the  most  incor- 
ruptible integrity. 

Peter  V.  Daniel,  at  one  time  a  judge  of  the  Supreme 
Court  of  the  United  States,  was  a  kinsman  of  Senator 
DANIEL,  as  was  John  M.  Daniel,  one  of  the  most  brilliant 
journalists  of  the  South,  and  Briscoe  B.  Baldwin,  a  judge 
of  the  supreme  court  of  appeals  of  Virginia. 

William  Daniel,  jr.,  the  father  of  JOHN  W.  DANIEL,  was 
one  of  the  ablest  lawyers  and  most  distinguished  judges 
that  Virginia  has  produced.  He  was  a  cultivated  scholar 
and  a  most  eloquent  speaker,  being  one  of  the  most 
effective  advocates  in  the  State.  While  yet  under  25,  the 
required  age  for  membership  in  that  body,  he  was,  in 
1831,  elected  to  the  house  of  delegates,  the  lower  branch 
of  the  General  Assembly  of  Virginia.  He  became  of  the 
requisite  age,  however,  before  his  term  of  actual  service 
began,  and  was  admitted  to  his  seat,  to  which  he  was  three 
times  consecutively  reelected. 

His  professional  attainments  and  high  character  won 
for  him,  in  1846,  an  election  to  the  supreme  court  of 
appeals,  Virginia's  court  of  last  resort.  There  he  served 
with  great  distinction  until  1865,  when  the  organized 


[13] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

government  of  the  State  was  displaced  by  that  known  as 
the  Alexandria  government,  which  had  been  recognized 
by  Congress.  This  period  of  Virginia's  judicial  history 
is,  perhaps,  her  brightest;  and  Judge  Daniel's  opinions 
contributed  no  little  to  the  high  regard  in  which  the  court 
was  held  by  the  profession,  not  only  in  Virginia,  but  in 
other  States  as  well. 

The  mother  of  JOHN  W.  DANIEL  was  Sarah  Anne  (War- 
wick) Daniel,  the  daughter  of  John  M.  Warwick,  Esq.,  a 
successful  merchant,  of  Lynchburg,  and  one  of  her  lead- 
ing citizens.  She  was  noted  for  her  beauty  of  character 
as  well  as  of  person,  and  was  accomplished  in  all  the 
graces  of  the  sweet  womanhood  of  that  period.  She  died 
at  the  early  age  of  24,  and  JOHN  W.  DANIEL,  who  was  but 
a  child,  and  his  infant  sister  were  taken  into  the  home 
of  his  maternal  grandfather,  where  he  was  surrounded 
by  all  that  was  highest  and  best  in  the  delightful  homes 
of  the  old  South,  and  where  he  grew  into  sturdy  boyhood. 

Perhaps  no  one  person  exercised  a  more  marked  influ- 
ence upon  his  life  than  did  this  grandfather,  John  M. 
Warwick,  for  whom  he  entertained  not  only  the  warmest 
affection  but  also  the  greatest  admiration  and  respect, 
and  to  whom  he  paid  this  beautiful  tribute : 

A  nobler  man  never  lived — hospitable,  gentle,  calm,  self-poised, 
self-contained — a  gentleman  in  honor,  in  manners,  and  in  innate 
refinement.  A  pure  and  lofty  soul,  *  *  *  he  seemed  to  me 
everything  that  a  man  could  be  to  be  respected  and  loved.  Suc- 
cessful from  his  youth  in  business,  with  a  mercantile  "  touch  of 
gold,"  he  was  rich  and  generous  without  pretension  or  pride;  and 
when  the  end  of  the  war  prostrated  his  fortune,  and  he  became 
old  and  almost  blind,  his  easy  dignity  lost  no  feature  of  its  serene 
composure,  and  out  of  his  true  heart  came  no  cry  of  pain  or 
complaint  of  man  or  fortune.  *  *  *  He  accepted  the  dread 
issue  of  Appomattox  without  a  murmur,  and  took  the  fate  of  his 
people  with  all  the  fortitude  and  manliness,  and  with  none  of 
the  show,  of  the  Roman  senators  who  saw  the  barbarians  enter 
Rome. 

[14] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


Truly,  JOHN  W.  DANIEL  was  fortunate  in  having  such 
a  character  to  preside  so  intimately  over  his  life  during 
its  impressionable  and  formative  youth,  and  as  a  com- 
panion and  example  for  his  young  manhood. 

MILITARY   SERVICE 

At  the  age  of  18,  and  still  remembered  as  the  very  ideal 
of  youthful  beauty  and  chivalry,  young  DANIEL  was  in 
attendance  upon  Dr.  Gessner  Harrison's  noted  prepara- 
tory school,  in  Nelson  County,  Va.,  when  the  Civil  War 
begun.  He  did  not  hesitate  a  moment  in  deciding  upon 
his  course,  but  immediately  withdrew  from  school  and 
returned  to  his  home.  There  he  enlisted  as  a  private 
in  Company  B,  Second  Virginia  Cavalry,  known  as  the 
"  Wise  Troop,"  which  was  organized  in  the  city  of 
Lynchburg.  For  several  weeks  this  troop  remained  in 
Lynchburg,  completing  its  organization  and  preparing  for 
service  in  the  field.  Before  it  was  ordered  to  the  front, 
however,  he  was  commissioned  by  Gov.  Letcher  as  second 
lieutenant  in  the  Provisional  Army  of  Virginia,  and  he 
was  assigned  to  Company  C,  Twenty-seventh  Virginia 
Infantry,  a  regiment  in  what  soon  became  known  as 
Jackson's  famous  "  Stonewall  Brigade." 

He  received  his  commission  on  May  8,  1861,  and  imme- 
diately reported  for  duty  near  Harpers  Ferry.  On 
account  of  his  military  training,  received  while  attending 
Lynchburg  College,  he  was  assigned  to  duty  as  drillmaster 
and  entered  actively  upon  this  service. 

His  "  baptism  of  fire  "  was  received  at  the  first  battle 
of  Manassas,  July,  1861.  In  this  battle  he  was  struck 
three  times.  He  received  a  glancing  blow  on  his  head 
from  a  fragment  of  a  shell,  but  was  protected  by  his  cap 
from  serious  hurt.  He  was  also  struck  in  the  breast  by 
a  spent  bullet,  which  knocked  him  to  the  ground  and 
stunned  him,  but  this  time  a  metal  button  on  his  coat 

[15] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

preserved  him  from  an  actual  wound.  Later  in  the  fight 
he  was  shot  in  the  left  hip  by  one  of  the  New  York 
Zouaves,  who  was  plainly  in  sight  at  the  time  and  with 
whom  he  had  been  engaged  in  a  sort  of  long-distance 
duel. 

The  last  wound  was  quite  severe,  although  he  was  able 
to  walk  off  the  field,  using  two  muskets  as  crutches.  He 
was  carried  to  his  home  in  Lynchburg,  where  he  was  con- 
fined to  his  bed  for  several  weeks  with  fever  attendant 
upon  his  wound. 

His  conduct  in  this  battle  was  notably  gallant.  Al- 
though he  had  never  been  under  fire  before  and  was  but 
a  mere  lad,  he  displayed  the  most  intrepid  spirit  and 
daring  courage  and  fought  with  all  the  steadiness  of  a 
veteran.  In  the  midst  of  the  battle  and  during  a  fierce 
charge,  when  the  regimental  color  sergeant  fell  wounded, 
young  DANIEL  sprang  to  his  side,  and  seizing  the  fallen 
standard,  bore  it  aloft  and  forward  until  relieved  by 
command.  He  was  commended  for  gallantry  in  action 
by  his  regimental  commander  in  the  report  of  the  battle, 
and  was  thus  effectively  launched  upon  his  military 
career. 

While  still  recuperating  from  his  wound  and  before  he 
was  able  to  return  to  his  command  the  Provisional  Army 
of  Virginia  was  abolished  and  the  young  lieutenant  who 
had  deserved,  and  was  confidently  expecting,  promotion, 
was  without  a  commission.  He  was,  however,  promptly 
elected  by  its  members  to  a  second  lieutenancy  in  Com- 
pany A,  Eleventh  Virginia  Infantry,  known  as  the  "  Lynch- 
burg Rifle  Grays."  He  immediately  reported  to  that  com- 
pany at  Centerville,  where  it  was  encamped,  and  from 
thence  he  wrote  his  father  that,  while  he  had  hoped  for 
appointment  to  a  higher  rank,  upon  reflection  he  thought 
"  a  subordinate  position  attained  by  the  suffrages  of  daily 
acquaintances  and  associates  is  far  more  honorable." 

[16] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


As  an  evidence  of  this  confidence  of  his  associates, 
which  he  so  highly  valued,  he  was  reelected  at  the  expira- 
tion of  his  enlistment  in  1862. 

During  the  spring  of  1862  he  was  authorized  by  the 
Secretary  of  War  of  the  Confederate  States  to  raise  a 
company  of  cavalry  for  independent  service,  and  suc- 
ceeded in  doing  so,  being  elected  to  the  captaincy  of  the 
troop.  But  the  conscription  act  of  the  Confederate  Con- 
gress disbanded  all  such  organizations  before  this  com- 
pany was  mustered  in. 

It  was  during  this  same  year  that  Mr.  Benjamin,  the 
Confederate  Secretary  of  War,  tendered  him  a  commis- 
sion as  lieutenant  of  ordnance  in  the  regular  army  of  the 
Confederacy.  This  appointment  young  DANIEL  declined 
because  he  feared  it  might  cause  his  assignment  to  duty 
elsewhere  than  upon  the  actual  field  of  battle.  As  Maj. 
DANIEL  often  said,  he  wanted  a  place  "  on  the  firing  line 
and  in  the  picture  by  the  flashing  of  the  guns." 

Later  in  1862  he  was  commissioned  first  lieutenant  and 
adjutant  of  his  regiment,  Eleventh  Virginia  Infantry,  upon 
the  recommendation  of  its  colonel,  David  Funston.  It 
was  while  serving  in  this  capacity  that  he  was  wounded 
in  the  left  hand  during  the  Battle  of  Boonsboro  Mountain, 
Md.,  September  14, 1862. 

While  standing  with  other  officers  on  the  line  of  battle 
watching  its  progress,  and  while  in  the  act  of  passing  his 
pistol  from  one  hand  to  the  other  in  front  of  his  body,  a 
rifle  bullet  struck  his  hand,  passing  through  it  and  flat- 
tening itself  against  the  pistol  which  it  grasped.  For- 
tunately it  did  not  break  any  of  the  bones  of  the  hand 
and  he  took  his  penknife  from  his  pocket  and  cut  the 
bullet  from  the  wound  himself.  This  bullet  he  retained 
throughout  his  life  as  a  souvenir  of  this  particular  occa- 
sion, having  caused  it  to  be  mounted  as  a  watch  charm. 


1004°— 11 2  [17] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

He  took  part  in  all  the  many  battles  and  skirmishes  in 
which  this  noted  regiment  was  engaged  until  March,  1863, 
when  he  was  promoted  to  the  rank  of  major  of  cavalry 
and  assistant  adjutant  general  on  the  general  staff  of  the 
Confederate  Army  and  assigned  to  the  division  under 
command  of  Maj.  Gen.  Jubal  A.  Early. 

This  rank  and  assignment  enabled  him  to  come  more 
closely  in  touch  with  the  actual  operations  of  the  army 
and  the  conduct  of  the  war,  much  to  his  delight,  for  he 
was  a  born  soldier,  as  well  as  a  student  of  military  science. 
His  many  letters  to  his  father  and  grandfather,  written 
from  the  field  and  camp  during  this  period,  show  a  mental 
grasp  of  the  military  situation  and  a  knowledge  of  men 
and  affairs  that  was  remarkable  in  one  not  yet  20  years 
of  age. 

Young,  handsome,  fearless,  and  bold,  and  filled  with  a 
patriotic  fire  born  of  his  firm  conviction  of  the  right  of 
the  cause  for  which  he  fought,  he  was  a  beau  ideal  of  the 
Confederate  soldiery.  No  danger  daunted  him;  no  task 
was  too  exacting,  for  his  was  a  service  of  loyalty  and  love. 
And,  boy  though  he  was,  underlying  it  all  was  a  dignity 
and  self-respect  which  he  never  forgot  himself  nor  per- 
mitted others  to  disregard. 

Upon  one  occasion,  during  the  first  days  of  his  service 
upon  the  staff  of  Gen.  Early,  that  officer,  with  unthinking 
abruptness  and  with  needless  peremptoriness,  accom- 
panied by  an  oath,  ordered  him  upon  some  mission.  The 
young  adjutant  drew  himself  to  attention,  and,  looking 
the  old  general  directly  in  the  eyes,  said,  "  General,  when 
you  address  me  as  one  gentleman  should  address  another 
I  will  obey  your  orders,  but  not  otherwise."  To  the  credit 
of  Gen.  Early,  be  it  said,  he  was  too  great  a  soldier  and 
himself  too  much  a  gentleman  not  to  recognize  the  justice 
of  the  rebuke,  and,  revising  the  terms  of  the  order,  he 
never  again  in  like  manner  trenched  upon  the  sensibili- 


[18] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


ties  of  his  young  subordinate,  who  became  his  favorite 
officer  of  all  his  staff. 

While  serving  on  the  staff  of  Gen.  Early  he  saw  active 
service  in  many  of  the  severest  battles  of  the  Civil  War, 
including  the  great  Battle  of  Gettysburg,  until  he  received 
the  final  wound  which  permanently  disabled  him  from 
military  service  on  May  6,  1864,  in  the  Battle  of  the 
Wilderness. 

During  the  progress  of  this  battle,  and  while  upon  some 
service  for  Gen.  Early,  he  noted  a  regiment  of  troops 
whose  commanding  officer  had  been  killed  and  which 
had  been  thrown  into  confusion  and  disorder.  Realizing 
the  necessity  for  prompt  action,  he  placed  himself  at  their 
head  and  was  striving  to  reorganize  them  for  an  advance 
in  the  face  of  a  terrific  fire  when  he  was  struck  in  the 
left  leg  by  a  Minie  ball.  He  fell  from  his  horse  and 
dragged  himself  behind  a  fallen  log.  Finding  his  thigh 
bone  shattered  and  the  femoral  vein  severed,  he  unwound 
the  silken  sash  from  his  waist,  and,  making  a  tourniquet 
above  the  wound,  stanched  the  flow  of  blood  that  had 
been  dangerously  profuse.  This  presence  of  mind  and 
slight  knowledge  of  surgery  undoubtedly  saved  his  life. 

This  wound  not  only  disabled  him  from  further  mili- 
tary service,  but  caused  him  untold  agony  and  pain  for 
many  years  thereafter  and  discomfort  and  distress  all 
the  remainder  of  his  life.  It  was  due  to  this  injury  that 
he  ever  afterwards  walked  with  crutches,  being  unable 
to  use  the  wounded  member  except  very  cautiously  and 
for  short  distances. 

Immediately  that  he  recovered  from  this  wound  suf- 
ficiently to  move  about,  and  realizing  that  his  cherished 
ambition  for  a  further  military  career  was  at  an  end,  he 
accepted  his  condition  as  the  fortune  of  war  and  turned 
himself  to  other  fields.  But  all  during  his  life  he  treas- 
ured his  service  in  the  army  of  his  beloved  South  as  the 


[19] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

most  precious  of  all  his  memories.  Other  titles  were 
conferred  upon  him  which  it  was  his  privilege  and  right 
to  adopt  and  use;  but  he  preferred  the  simple  "  Major." 

After  the  war,  when  James  L.  Kemper,  the  commander 
of  the  famous  Kemper's  brigade,  became  governor,  he 
appointed  Maj.  DANIEL  upon  his  staff  with  the  rank  of 
colonel.  But  the  title  of  "  colonel "  never  stuck  to  him. 
And  as  Maj.  DANIEL  wrote  in  a  brief  autobiographical 
sketch  he  once  began: 

In  truth  I  did  not  desire  that  it  should.  I  had  won  that  of 
"  major  "  in  the  steadiest  army  of  history,  the  Army  of  Northern 
Virginia.  *  *  *  I  have  always  regarded  it,  and  regard  it  still, 
as  Gen.  Early  called  it,  "my  most  honorable  title."  By  it  my 
comrades  of  battle  know  me;  and  when  I  die  I  wish  it  to  be 
carved  on  a  simple,  unostentatious  stone  above  my  dust. 

Well  might  he  say  he  had  won  the  title.  He  had  won 
it  by  a  bravery,  a  devotion,  a  dashing  gallantry,  and  an 
efficiency  of  service  not  surpassed  by  any  of  his  com- 
patriots. And  whatever  other  inscriptions  may  be  carved 
upon  the  monuments  that  will  be  reared  to  his  memory 
none  will  bear  to  the  generations  yet  to  come  a  higher  or 
nobler  message  of  patriotism,  of  loyalty,  and  of  duty  than 
the  simple  legend,  "  Major  in  the  Army  of  Northern 
Virginia." 

LAWYER  AND  AUTHOR 

After  the  war  Maj.  DANIEL  found  himself,  like  many 
other  young  men  of  the  South,  with  maimed  body  and 
shattered  fortunes.  The  environment  of  wealth  that  had 
been  his  lot  had  been  changed  by  the  blight  of  war,  and 
he  realized  that  he  must  make  his  own  fortune  and  carve 
out  his  own  future.  Deciding  upon  law  as  a  profession, 
he  entered  the  law  school  of  the  University  of  Virginia 
under  the  great  teacher,  John  B.  Minor.  He  had  inherited 
from  his  father  and  grandfather  a  peculiar  adaptability 
to  his  chosen  profession,  and  his  career  as  a  student  at 


[20] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


the  university  convinced  all  who  knew  him  that  he  was 
marked  for  success  at  the  bar. 

He  began  the  practice  of  his  profession  in  Lynchburg 
as  a  partner  with  his  father,  which  partnership  continued 
until  the  latter's  death  in  1873.  Being  studious  by  nature, 
diligent  in  research,  and  splendidly  grounded  in  the  great 
principles  of  the  law,  his  intellectual  ability,  high  char- 
acter, and  power  of  advocacy  soon  established  his  reputa- 
tion. As  his  experience  widened  and  his  intellect  matured 
he  took  higher  and  higher  rank  in  his  profession,  until 
few  lawyers  of  the  country  could  be  regarded  as  his  equal. 
His  learning,  his  habits  of  industry,  and  his  thorough 
preparation  of  every  case,  together  with  his  winning  per- 
sonality and  magnificent  presence,  made  him  a  power 
before  court  and  jury  alike. 

For  many  years  he  was  in  full  and  active  practice  in  the 
State  and  Federal  courts  of  Virginia  and  in  the  Supreme 
Court  of  the  United  States.  He  appeared  in  many  of  the 
most  important  cases  before  the  supreme  court  of  appeals 
of  Virginia,  where  his  briefs  were  noted  for  their  scholarly 
style,  beauty  of  diction,  logical  arrangement,  and  argu- 
mentative force;  and  where  his  oral  arguments  are  con- 
ceded to  be  the  most  masterly  ever  addressed  to  that 
tribunal. 

Although  his  public  duties  became  more  and  more 
exacting  as  he  grew  older  in  the  public  service,  he  never 
lost  his  love  for  his  profession  and  never  withdrew 
entirely  from  its  practice.  For  a  number  of  years  before 
his  death  he  maintained  a  partnership  with  his  son  and 
his  son-in-law  and  continued  to  the  end  to  give  personal 
attention  to  the  more  important  business  of  the  firm. 

Within  three  years  from  his  admission  to  the  bar  he 
issued  his  first  legal  textbook,  Daniel  on  Attachments. 
This  work,  designed  for  use  particularly  in  the  States  of 
Virginia  and  West  Virginia,  was  published  in  1869,  met 

[21] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

with  immediate  success,  and  has  ever  since  been  regarded 
as  a  standard  authority  by  the  courts  and  bar  of  both  of 
these  States. 

His  splendid  treatise  on  "  negotiable  instruments  "  is 
the  work  by  which  he  is  best  known  to  the  profession  gen- 
erally and  is  his  legal  masterpiece.  He  had  this  work 
under  preparation  during  eight  years,  and,  in  the  midst 
of  the  countless  demands  upon  his  time  and  energies, 
spent  long  periods  in  the  law  libraries  at  Richmond,  Balti- 
more, and  New  York,  where  he  could  have  convenient 
access  to  original  authorities. 

The  work  first  appeared  in  1876,  was  at  once  recognized 
as  the  leading  authority  on  the  subject,  and  has  ever  since 
been  regarded  as  a  standard  and  a  classic  in  all  the  courts 
of  the  English-speaking  countries.  His  old  law  instructor, 
John  B.  Minor,  one  of  the  greatest,  if  not  the  greatest,  law 
teacher  of  this  country,  and  himself  an  author  of  a  monu- 
mental legal  work,  once  said  with  obvious  pride : 

Upon  the  subject  of  negotiable  instruments  I  bow  my  head  to 
JOHN  W.  DANIEL,  my  pupil. 

His  publishers,  when  the  work  was  first  in  press,  asked 
him  in  surprise  how  it  happened  that  a  "  provincial 
lawyer"  from  a  small  town  could  have  produced  so 
excellent  and  exhaustive  a  treatise.  He  replied  with  his 
usual  modesty  that  it  was,  perhaps,  because  he  was  a 
provincial  lawyer  from  a  small  town,  and  therefore  had 
the  necessary  time  to  give  to  its  preparation. 

The  work  has  been  through  five  editions,  in  1876,  1879, 
1882,  1891,  and  1902.  All  of  them,  save  the  last,  he  pre- 
pared with  his  own  hand.  It  is  probably  this  book  which, 
more  than  any  other  one  thing,  won  for  him  his  honorary 
degree  of  LL.  D.,  which  was  conferred  upon  him  by  the 
University  of  Michigan,  and  also  by  Washington  and  Lee 
University  in  his  own  State. 


[22] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


POLITICAL   CAREER 

Maj.  DANIEL  had  scarcely  become  settled  in  the  prac- 
tice of  his  profession  before  his  intellectual  gifts,  his 
talent  for  public  speaking,  and  his  personal  popularity  as 
well,  perhaps,  as  his  natural  inclination,  forced  him  into 
the  political  arena.  He  was  a  Democrat  of  the  purest 
extraction,  and  prided  himself  upon  the  fact  that  for  over 
a  hundred  years  he  and  his  ancestors  had  voted  with  that 
party  without  ever  scratching  a  ticket. 

He  was  elected  as  a  Democrat  to  the  Virginia  House  of 
Delegates  in  1869,  his  constituency  embracing  the  city  of 
Lynchburg  and  county  of  Campbell,  and  served  in  that 
body  for  three  years. 

In  1874  he  was  elected  by  the  same  constituency  to 
the  State  senate  for  four  years,  and  was  reelected  in 
1878. 

During  his  service  in  the  State  legislature  he  made  an 
enviable  reputation  as  a  legislator,  and  especially  as  a 
debater  upon  the  public  questions  under  consideration 
at  that  time.  He  had  taken  an  active  part  in  the  cam- 
paigns of  his  party  and  had  won  a  personal  following 
all  over  the  State  that  insured  his  rapid  political  promo- 
tion. In  the  meantime,  however,  and  due  more  to  his 
youth  than  to  any  other  cause,  he  had  been  twice  defeated 
for  the  Democratic  nomination  for  Congress,  and  once 
for  the  nomination  for  governor. 

But  in  1881  he  was  nominated  as  the  Democratic  can- 
didate for  the  governorship.  His  speech  of  acceptance 
before  the  convention  at  Richmond  was  a  masterpiece 
of  political  oratory  and  fired  his  party  with  enthusiasm 
and  loyalty.  The  great  issue  of  the  campaign  was  the 
funding  of  the  State  debt,  and  thousands  of  those  who 
had  theretofore  regularly  supported  the  Democratic 
Party  during  this  fight  allied  themselves  with  the  Repub- 
licans, and  under  the  party  name  of  "  Readjusters  "  the 

[23] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

coalition  presented  the  most  formidable  opposition  the 
Democrats  had  ever  met,  being  led  by  Hon.  William  E. 
Cameron,  an  able,  learned,  and  aggressive  candidate. 

The  campaign  was  the  most  brilliant  ever  waged  in 
Virginia.  The  ablest  men  in  the  Commonwealth  threw 
themselves  heart  and  soul  into  the  contest  on  one  side  or 
the  other,  and  public  interest  was  aroused  to  the  highest 
pitch  of  excitement. 

Throughout  the  contest  JOHN  W.  DANIEL  was  the  cen- 
tral figure.  He  swept  over  the  State,  from  the  mountains 
to  the  sea,  and  everywhere  cast  the  spell  of  his  magnetic 
eloquence  over  the  thousands  who  crowded  to  hear  him; 
revealing  to  them  his  high  motives,  his  magnificent  abili- 
ties, and  his  splendid  qualifications  for  leadership.  And 
although  his  party  was  defeated  at  the  polls,  he  had  so 
firmly  established  himself  in  the  confidence  and  regard 
of  the  people  that  from  that  day  he  became  a  leader  in 
Virginia  whose  clarion  voice  could  ever  summon  a  host 
to  follow  and  whose  supremacy  in  their  affections  was 
never  afterwards  open  to  question. 

In  1884  Maj.  DANIEL  was  elected  to  Congress  from  the 
sixth  congressional  district  and  had  scarcely  entered  upon 
his  actual  service  when  he  was  elected  to  the  United 
States  Senate  for  the  term  beginning  March  4,  1887.  To 
this  high  office  he  was  reelected  four  consecutive  times, 
each  time  without  party  opposition  and  twice  by  the 
unanimous  vote  of  the  legislature. 

He  was  elector  at  large  on  the  Democratic  ticket  in  1876 
and  delegate  to  every  Democratic  national  convention 
since  1880  except  that  of  1884.  He  became  a  familiar 
and  favorite  figure  at  these  gatherings  and  was  elected 
temporary  chairman  of  the  convention  of  1896. 

In  1901  he  was  elected  a  member  of  the  Virginia  con- 
stitutional convention  and  would  inevitably  have  been 
elected  its  president  had  he  permitted  himself  to  be  placed 

[24] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


in  nomination  for  that  office,   but,   with   characteristic 
generosity,  he  declined  to  do  so,  and  said: 

There  are  so  many  gentlemen  who  are  eminently  worthy  of 
this  office  in  the  convention  that  it  would  seem  appropriate  to 
confer  the  distinction  on  some  one  of  them  who  has  not  been  so 
favored  as  myself. 

He  was  made  chairman  of  the  committee  on  suffrage, 
and  entered  so  vigorously  upon  the  work  of  that  body, 
immediately  following  a  trying  session  of  Congress,  that 
his  health  gave  way  under  the  strain,  and  for  several 
months  he  was  compelled  to  withdraw  from  attendance 
upon  its  sessions.  He  was  able  to  return,  however,  before 
its  close  and  took  a  prominent  part  in  the  debates  upon 
its  floor  and  in  the  actual  framing  of  Virginia's  present 
organic  law. 

At  the  time  of  his  death  Maj.  DANIEL  was  the  oldest 
Democratic  Senator  in  point  of  service,  and  but  four 
among  its  entire  membership  had  seen  a  longer  con- 
tinuous service  in  this  body.  By  virtue  of  the  rule  of 
seniority  which  prevails  here,  he  held  membership  upon 
two  of  the  Senate's  most  important  committees,  and 
enjoyed  all  the  power  and  prestige  incident  thereto.  But 
apart  from  this,  and  by  virtue  of  his  character,  ability,  and 
personality  alone,  there  was  no  Senator  on  this  side  of 
the  Chamber  and  but  few  on  the  other  who  exercised  a 
wider  or  more  potent  influence  both  here  and  beyond 
these  walls. 

His  unfailing  courtesy  and  gentle  manners,  his  honesty 
and  frank  candor,  his  consideration  for  others,  and  his 
strict  observance  of  all  the  highest  and  best  traditions  of 
this  body  not  only  made  him  a  conspicuous  and  attractive 
figure  but  endeared  him  to  all  his  associates.  .  And  now 
that  he  is  gone,  and  we  no  longer  see  his  familiar  face  and 
hear  his  well-known  voice,  it  is  not  only  the  distinguished 
Senator  whom  we  miss,  but  a  cherished  friend  as  well, 
for  whom  we  sincerely  grieve. 

[25] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

ORATOR 

It  is  doubtful  if  any  man  in  public  life  since  the  days  of 
the  great  triumvirate  of  oratory  in  this  body  has  surpassed 
Senator  DANIEL  in  all  the  qualifications  of  a  great  orator. 
To  a  mind  stored  with  classic  learning  and  teeming  with 
the  riches  of  a  broad  and  brilliant  culture,  nature  had 
contributed  the  aid  of  features  strikingly  handsome,  a 
noble  countenance,  and  a  pleasing  voice.  Manly  in  bear- 
ing and  commanding  in  presence,  he  was  a  splendid  fig- 
ure, to  which  his  lameness  added  a  touch  of  the  pictur- 
esque. Trained  from  his  youth  in  the  arts  of  public 
speaking,  with  gestures  full  of  grace  and  a  tongue 
schooled  to  rounded  phrases,  he  won  the  attention  of  his 
auditors  with  his  first  sentences,  and,  captivating  their 
minds  with  his  brilliance  and  logic  and  firing  their 
enthusiasm  with  his  eloquence,  he  frequently  swayed 
them  almost  at  will. 

From  his  earliest  manhood  he  was  in  constant  demand 
as  a  speaker  on  public  occasions,  and  has  perhaps  deliv- 
ered a  greater  number  of  prepared  addresses  than  any 
other  man  of  his  day.  His  subjects  covered  a  wide  range, 
and  he  was  sometimes  happiest  in  a  lighter  vein,  but  he 
was  always  thoughtful  and  never  spoke  for  the  sole  pur- 
pose of  entertainment. 

At  the  unveiling  of  the  recumbent  statue  of  Robert  E. 
Lee,  at  Lexington,  Va.,  in  1883,  he  delivered  the  memorial 
address.  To  this  occasion  he  brought  not  only  all  of  his 
great  gifts,  but  an  affection  and  veneration  for  his  subject 
that  filled  him  with  inspiration,  and  the  result  was  a 
magnificent  oration  that  aroused  his  hearers  to  the  highest 
pitch  of  enthusiasm  and  was  immediately  acclaimed  all 
over  the  country  as  a  masterpiece  of  oratory.  It  was 
undoubtedly  his  greatest  effort,  and  among  the  many 
splendid  addresses  he  has  elsewhere  delivered  it  stands 
preeminent  and  will  survive  as  a  classic. 

[26] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


But  had  he  never  made  this  speech,  numerous  others 
would  have  made  him  great  in  this  field,  for  there  is  a 
long  list  of  ceremonial  occasions  upon  which  he  delivered 
orations  worthy  alike  of  the  occasion  and  himself.  Among 
those  deserving  especial  mention  because  of  their  beauty 
and  eloquence  are: 

His  speech  delivered  at  the  ceremonies  attending  the 
dedication  of  the  Washington  Monument. 

His  address  upon  **  Jefferson  Davis,"  delivered  before 
the  Legislature  of  Virginia  upon  its  invitation. 

His  address  upon  "  Stonewall  Jackson." 

His  address  at  Kings  Mountain  upon  the  centennial 
anniversary  of  that  battle. 

His  speech  upon  "  Virginia,"  delivered  at  Chicago  dur- 
ing the  World's  Fair  on  Virginia  day. 

His  address  in  the  House  of  Representatives  at  the  cele- 
bration of  the  centennial  of  the  establishment  of  the 
Government  at  Washington. 

His  speech  at  the  Confederate  Reunion  in  New  Orleans. 

His  address  upon  "Abraham  Lincoln." 

His  oration  at  the  unveiling  of  the  bust  of  John  B. 
Minor,  at  the  University  of  Virginia. 

His  speech  upon  "  Thomas  Jefferson." 

His  address  upon  "Americanism,"  at  the  University  of 
Michigan,  and  his  two  lectures,  "The  English-Speaking 
People"  and  "The  Unities  of  the  Union." 

It  is  needless  to  mention  his  many  magnificent  speeches 
delivered  upon  this  floor.  Always  alert  as  to  the  busi- 
ness under  consideration,  and  ready  and  able  to  maintain 
himself  at  all  times  in  running  debate,  yet  he  rarely 
addressed  the  Senate  e.xcept  upon  questions  of  impor- 
tance and  only  after  careful  preparation.  Upon  occasions, 
however,  when  the  exigencies  of  the  moment  required,  he 
would  take  the  floor  for  an  impromptu  speech,  and  always 
commanded  the  most  respectful  attention,  for  the  Senate 


[27] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

had  learned  that  he  never  spoke  save  when  he  had  some- 
thing to  say  worth  while  for  it  to  hear. 

His  great  speech  in  the  Senate  on  "The  Free  Coinage 
of  Silver"  is  justly  regarded  as  among  the  ablest  of  all 
the  many  utterances  upon  that  subject,  and  that  upon 
"  The  Independence  of  Cuba  "  was  an  especially  brilliant 
example  of  his  eloquence  and  power. 

Upon  the  stump  he  was  peculiarly  effective.  Delight- 
ing to  mingle  with  the  great  masses  of  the  plain  people, 
for  whom  he  entertained  the  greatest  admiration  and 
respect,  he  accepted  every  convenient  opportunity  to 
address  them  in  their  small  towns  and  country  villages; 
and  many  of  his  finest  speeches  were  made  upon  such 
occasions. 

With  all  his  splendid  capacities  and  powers,  he  never 
permitted  them  to  be  applied  to  invective  or  bitterness  or 
ridicule.  But  always  and  ever  he  displayed  an  innate 
courtesy,  an  easy  dignity,  a  gentleness  of  bearing,  a  frank- 
ness and  candor,  and  a  nobility  of  thought  that  robbed 
the  most  carping  critic  of  any  doubt  of  his  sincerity  and 
mental  integrity.  And  whether  in  the  United  States  Sen- 
ate, or  before  the  most  distinguished  courts,  or  upon  the 
village  greens  of  Virginia,  he  was  equally  at  his  ease; 
because  he  was  always  conscious  of  his  own  honesty  of 
purpose  and  purity  of  motive  and  knew  that  nothing  save 
a  lack  of  these  need  make  him  afraid. 

His  tongue  was  taught  no  phrase  of  harshness; 

His  lips  could  speak  no  word  of  guile; 
But  gentleness  and  truth,  twin  virtues, 

Attended  him,  with  sweetest  smile. 

THE  MAN 

JOHN  W.  DANIEL  was  one  of  the  most  lovable  of  men. 
He  possessed  a  personal  magnetism  that  seemed  to  draw 
to  him  all  classes  and  conditions  alike.  Sweet  tempered 


[28] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


and  serene,  responding  to  every  advance  of  friendliness 
and  affection,  and  with  a  superb  loyalty  to  those  admitted 
to  his  friendship,  he  became  a  general  favorite  from  his 
first  appearance  in  the  Senate.  While  ever  a  stanch 
defender  of  Virginia  and  the  South,  brooking  no  unjust 
attack  upon  either  from  any  quarter,  he  yet  had  none  of 
the  rancor  and  bitterness  that  too  often  displayed  itself 
on  both  sides  of  this  Chamber,  especially  during  the 
earlier  days  of  his  service. 

It  is  doubtful  if  any  one  man  during  more  than  a  gen- 
eration past  has  exerted  a  greater  influence  in  the  restora- 
tion of  the  harmony  and  friendship  between  the  North 
and  the  South  that  is  now  so  happily  accomplished.  It 
was  one  of  the  treasured  purposes  of  his  life.  In  the 
course  of  his  eulogy  upon  the  late  Senator  Quay,  delivered 
upon  this  floor,  and  after  referring  to  the  era  of  ill-feeling 
that  had  so  long  existed,  he  said: 

I  could  pay  to  his  memory  no  better  and  no  sincerer  tribute, 
and  for  my  country  could  express  no  better  wish,  than  by  saying 
at  his  open  grave,  "  God  grant  that  the  departed  era  may  return 
no  more  to  our  country." 

Because  of  this  trait  of  character,  perhaps,  as  well  as 
his  many  other  virtues,  he  has  numbered  among  his 
warmest  friends  and  admirers  men  whose  political  faith, 
sectional  affiliations,  and  familiar  associations  were  utterly 
at  variance  with  his  own.  And  thus  we  see  one  Republi- 
can Vice  President  directing  his  portrait  to  be  forwarded 
to  Senator  DANIEL  with  warmest  expressions  of  affection, 
and  another  who  writes  him  from  far-off  China : 

I  could  pay  to  his  memory  no  better  and  no  sincerer  tribute, 
and  that  you  will  enjoy  a  well-earned  vacation.  Conserve  your 
strength,  for  the  country  has  much  need  of  you. 

Mere  incidents  in  themselves,  but  evidences  of  the  uni- 
versal regard  and  esteem  in  which  he  was  held  by  all  his 
associates  here. 


[29] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

In  his  family  relations  he  was  a  most  devoted  husband 
and  loving  father,  whose  keenest  delight  was  to  do  some 
act  that  would  bring  pleasure  to  wife  or  children.  Sim- 
ple and  unaffected  in  his  manners  and  habits,  but  stately 
in  his  courtesy  and  native  dignity,  he  was  a  typical  "  gen- 
tleman of  the  old  school,"  and  as  a  brilliant  Virginia 
editor  recently  wrote  in  an  appreciative  editorial,  "  the 
pity  of  it  is  that  the  *  old  school '  has  closed  its  doors  and 
the  type  is  no  longer  produced." 

His  affability  and  approachableness  were  known  to 
everyone  in  his  home  town  of  Lynchburg,  and  his  daily 
drives  to  his  office  were  almost  triumphal  processions. 
Everybody  wanted  to  speak  to  "  The  Major,"  as  they  all 
called  him,  and  to  shake  his  hand.  And  to  none,  whether 
white  or  black,  was  his  gracious  and  courteous  salute 
denied. 

He  was  a  most  indefatigable  worker;  and  until  recent 
years  rarely  ever  retired  until  long  after  midnight.  He 
preferred  the  undisturbed  quiet  of  later  hours  for  his 
labors,  although  his  wonderful  power  of  concentration 
enabled  him  to  work  under  conditions  that  would  have 
driven  most  men  from  the  attempt  in  despair.  Few  could 
have  sustained  their  strength  under  the  burden  of  work 
he  imposed  upon  himself,  nor  could  he  have  done  so 
except  for  his  splendid  constitution  and  his  peculiar 
ability  to  sleep  anywhere  and  at  any  time  when  he  so 
willed. 

The  lure  of  gold  never  dazzled  the  eye  of  JOHN  W. 
DANIEL.  His  attainments  and  professional  ability  brought 
him  many  flattering  offers  that  would  have  meant  oppor- 
tunities to  accumulate  a  fortune  commensurate  with  the 
value  of  the  service  sought  from  him.  But  he  preferred 
the  daily  association  with  those  whom  he  affectionately 
called  his  "  own  people,"  and  the  environment  and  atmos- 
phere of  his  native  Virginia;  and  after  30  years  spent 

[30] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


almost  continuously  in  public  office,  he  died  as  poor  in 
purse  as  when  he  began.  But  he  has  left  to  his  children, 
in  the  memory  of  his  illustrious  career,  his  incorruptible 
honesty  and  stainless  honor,  and  in  the  assurance  of  his 
enduring  fame  a  heritage  more  to  be  treasured  than  all 
the  riches  of  the  world. 

ILLNESS  AND  DEATH 

During  the  fall  of  1909,  while  Senator  DANIEL  was  in 
Philadelphia,  he  was  taken  ill  with  pneumonia  and  was 
confined  for  some  weeks  to  his  room  at  the  Bellevue- 
Stratford.  Before  he  was  sufficiently  restored  to  strength 
to  return  home  he  suffered  a  slight  stroke  of  paralysis 
which  affected  his  right  hand  and  leg.  This  attack  was 
not  dangerous  in  itself  and,  returning  to  Lynchburg,  he 
soon  recovered  therefrom.  But  it  was  premonitory  of  a 
serious  condition  and  none  knew  better  than  he  what  it 
portended.  His  father  and  grandfather  alike,  at  about 
his  age,  had  died  from  attacks  of  apoplexy;  and  he  had 
frequently  stated  his  belief  that  his  end  would  come  in 
like  manner. 

Under  directions  from  his  physicians  he  went  to  Florida 
during  February,  1910,  in  the  hope  that  a  few  weeks  in 
the  open  air  of  its  congenial  climate  would  enable  him 
to  return  to  his  duties  in  the  Senate.  But  while  at  Day- 
tona,  on  March  8,  he  suffered  a  severe  stroke  of  paralysis 
affecting  his  whole  left  side.  The  news  of  his  grave  con- 
dition brought  sorrow  and  fear  to  every  heart;  and  when 
later  he  lapsed  into  coma  and  his  death  seemed  immi- 
nent, Virginia  fell  upon  her  knees  and  prayed  that  he 
might  be  spared  to  her  yet  a  little  while  longer.  For 
many  weary  weeks  he  battled  for  his  life,  and  so  far 
maintained  his  strength  that  his  family  were  able  to  bring 
him  back  to  his  beloved  Virginia  on  April  24.  There  all 
that  love  could  suggest  and  science  could  accomplish 


[31] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

was  done  for  him;  and  for  many  more  weary  weeks  the 
fight  continued,  now  with  a  ray  of  hope  to  cheer,  and 
again  with  the  grim  desperation  of  almost  hopeless 
despair. 

And  during  all  these  trying  days  the  bulletins  of  his 
condition  were  the  foremost  items  of  news  to  the  whole 
people  of  Virginia.  They  literally  watched  at  his  bedside 
with  his  family  and  joined  them  in  their  tearful  prayers, 
as  was  the  right  of  their  boundless  love  and  admiration. 
But  the  hand  of  fate  was  upon  him,  and  on  June  29  he 
suffered  another  and  severer  stroke,  and  it  was  known 
his  hours  were  numbered.  And  when,  at  10.35  o'clock  on 
that  night,  the  tolling  bells  of  the  city  rang  out  the  sad 
message  that  the  end  had  come,  Virginia  bowed  her  head 
and  abandoned  herself  to  grief. 

In  obedience  to  his  own  well-known  desires  his  obse- 
quies were  as  simple  and  unostentatious  as  the  determina- 
tion of  the  people  to  honor  his  memory  would  permit. 
His  body  lay  in  all  the  calm  dignity  of  death,  without 
ceremony  or  any  trappings  of  state,  in  the  home  of  his 
beloved  daughter.  There  many  of  his  old  comrades  in 
arms  and  lifelong  friends,  among  both  races  and  from 
all  ranks  and  stations,  came  to  look  their  last  upon  his 
noble  face,  which  bore  upon  it  the  stamp  of  that  serenity 
and  peace  which  gave  assurance  that  his  oft-expressed, 
dearest  wish  had  been  fulfilled,  and  that  he  had  "  passed 
out  of  the  world  at  peace  with  God  and  man." 

The  impressive  Episcopal  service  for  the  burial  of  the 
dead  was  read  in  St.  Paul's  Church  in  the  presence  of  the 
governor  of  Virginia  and  his  staff,  the  senatorial  and  con- 
gressional delegations,  the  delegations  from  the  two 
Houses  of  the  General  Assembly  of  Virginia,  many  of  the 
officers  of  the  State  and  city,  and  an  assemblage  of  dis- 
tinguished citizens  that  taxed  the  capacity  of  the  edifice. 
The  cortege  was  formed  for  its  journey  to  beautiful  Spring 


[32] 


ADDRESS  OF  MR.  MARTIN,  OF  VIRGINIA 


Hill  Cemetery,  preceded  by  battalions  of  State  militia 
and  with  the  band  playing  the  beautiful  hymn,  "  Nearer, 
My  God,  to  Thee."  A  solemn  stillness  which  pervaded 
the  air  bespoke  the  splendid  tribute  of  his  native  city — 
not  a  wheel  of  industry  was  turning,  every  business  house 
was  closed. 

The  mournful  procession  for  more  than  a  mile  of  its 
sad  journey  moved  onward  between  solid  masses  of  the 
city's  people,  and  the  flowing  tears  that  fell  from  the  eyes 
of  strong  men  and  sweet  women  alike  attested  the  fact 
that  it  was  no  idle  curiosity  that  brought  them  forth, 
but  that  it  -was  their  last  tender  tribute  to  a  departed 
friend. 

As  the  sun  was  slowly  sinking  in  the  west  the  body  was 
lowered  to  its  final  resting  place.  His  beloved  comrades 
of  the  Army  of  Northern  Virginia  formed  a  cordon  about 
his  open  grave,  a  volley  of  musketry  rang  out  upon  the 
air,  taps  was  sounded,  the  old  soldiers  in  gray  stood  at 
their  final  salute,  the  grave  was  covered  with  beautiful 
flowers,  and  all  that  was  mortal  of  JOHN  W.  DANIEL  was 
closed  to  the  sight  of  man  forever. 

But  JOHN  W.  DANIEL  is  no  more  dead  than  are  other 
thousands  of  the  great  and  good  whose  works  yet  live 
after  them  and  whose  influence  is  yet  felt  upon  the 
earth.  Men  such  as  he  can  not  live  and  die  and  count 
death  the  end.  But  for  countless  years  will  his  tongue 
continue  to  speak  to  listening  thousands  and  uplifting 
them  by  his  noble  thoughts.  And  for  generations  yet  to 
come  will  men  be  higher  and  nobler  themselves  because 
of  his  nobility  and  purity  of  character. 

In  due  course  a  monument  is  to  be  erected  to  the  mem- 
ory of  Senator  DANIEL  in  his  native  city  of  Lynchburg. 
An  offering  from  the  entire  people  of  the  State  of  Virginia, 
it  will  be  beautiful  and  enduring.  But  whatever  of  art 
may  be  spent  upon  its  design  it  can  not  be  more  beautiful 

1004°— 11 3  [33] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

than  the  character  it  is  to  commemorate,  and  whatever 
material  may  enter  into  its  construction  it  will  crumble 
into  dust  before  the  name  of  JOHN  W.  DANIEL  shall  have 
been  forgotten  or  his  influence  shall  have  ceased  to  live. 
For  he  was  a 

Statesman,  yet  friend  to  truth,  in  soul  sincere, 
In  action  faithful,  and  in  honor  clear. 


[34] 


ADDRESS  OF  MR.  LODGE,  OF  MASSACHUSETTS 

Mr.  PRESIDENT: 

When  sorrows  come,  they  come  not  single  spies, 
But  in  battalions! 

Shakespeare's  melancholy  and  noble  lines  have  been 
brought  to  my  mind  only  too  frequently  in  these  last 
months  as  "death  has  descended  again  and  again  upon  the 
Senate.  Day  before  yesterday  I  joined  in  the  ceremonies 
which  commemorated  the  life  and  services  of  my  good 
friend  Senator  Clay.  To-day  I  rise  again  to  speak  of  a 
distinguished  man,  also  a  friend  of  many  years,  who  was 
so  long  the  senior  Senator  from  Virginia. 

Senator  DANIEL  was  to  me,  from  the  time  when  I  first 
saw  him  here,  one  of  the  most  interesting  figures  in  the 
Senate  and  in  our  public  life.  As  I  came  to  know  him 
well,  interest  deepened  into  real  affection,  and  I  sorrow 
for  him  not  only  as  a  loss  to  the  Nation  and  to  Virginia, 
but  as  a  friend  whose  departure  I  shall  always  mourn. 

When,  as  a  Member  of  the  House,  I  first  saw  him  on 
the  floor  of  the  Senate  I  was  arrested  by  his  appearance 
and  found  a  fascination  in  watching  him.  He  was  very 
striking  in  his  looks,  with  a  head  and  face  which  would 
have  been  remarked  anywhere  and  in  any  assemblage  of 
men.  He  reminded  me  of  the  portraits  of  the  leaders  of 
the  French  Revolution — the  men  who  destroyed  an  ancient 
monarchy,  reorganized  France,  and  shook  the  civilized 
world  from  center  to  circumference.  In  nearly  all  their 
faces,  as  in  his,  one  sees  strangely  commingled  with  the 
gaze  of  the  dreamer  and  the  visionary  that  expression  of 
intense  energy  which  is  so  easily  translated  into  action. 


[35] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

They  were  very  young  for  the  most  part,  those  leaders 
of  the  French  Revolution;  they  did  great  deeds,  whether 
for  weal  or  woe;  they  conquered  young  and  they  died 
young.  In  nearly  all  we  see  that  strange  look  which 
seems  to  belong  to  those  who  are  ready  to  sacrifice  youth 
and  joy  and  life  for  the  faith  which  absorbs  their  being. 

Senator  DANIEL  had  long  passed  youth,  had  gone  beyond 
middle  age,  and  yet  he  seemed  to  me  still  to  have  the 
expression  of  those  who  in  the  flush  of  young  manhood 
sought  the  great  prize  of  death  in  battle  for  the  sake  of 
beliefs  to  which  their  hearts  clung;  in  pursuit  of  visions 
seen  only  by  them.  The  touch  of  romance,  the  look  of 
the  dreamer,  the  passionate  energy  of  the  man  of  action, 
all  seemed  to  meet  in  his  aspect  and  his  eyes. 

With  a  brilliant  record  as  a  soldier,  not  merely  eminent 
at  the  bar,  but  as  a  writer  on  law  of  high  authority,  after 
much  public  service  in  his  own  State  and  in  the  House  of 
Representatives,  Senator  DANIEL  came  to  this  body  with 
distinction  already  achieved  and  with  a  high  reputation 
in  many  fields  already  secured.  He  had  as  a  gift  of 
nature  great  eloquence  of  speech,  and  this  gift  had  not 
only  been  enlarged  by  care  and  practice,  but  had  been 
made  weighty  and  serious  by  the  studies  he  had  pursued 
and  by  the  reflective  and  philosophical  cast  of  his  mind. 
One  could  easily  disagree  with  him,  but  he  never  failed  to 
arrest  the  attention  or  to  furnish  food  for  thought  in  what 
he  said.  His  style  was  of  the  old  school,  the  richer  and 
more  florid  style  of  the  first  half  of  the  nineteenth  century. 
It  has  passed  out  of  fashion  now.  The  modern  taste  is 
for  something  plainer,  more  direct,  more  businesslike, 
because  this  is  an  age  when  business  is  regarded  as  of  the 
first  importance  in  every  department  of  human  activity. 
Yet  the  school  to  which  Senator  DANIEL  belonged  pro- 
duced speakers  who  have  never  been  surpassed  in  the 
annals  of  oratory.  The  faults,  both  of  the  period  and  of 


[36] 


ADDRESS  OF  MR.  LODGE,  OF  MASSACHUSETTS 

the  school,  can  be  easily  pointed  out,  but  the  heights  in 
the  great  art  of  speech  to  which  some  of  the  men  of  that 
age  attained  remain  to-day  lonely  and  unsealed.  Sen- 
ator DANIEL  exhibited  all  the  qualities  of  that  earlier  time 
in  high  degree,  and  it  was  possible  to  those  who  lent  an 
attent  ear  to  learn  from  him  many  lessons  which  would 
not  be  without  great  profit  even  at  the  present  time.  In 
him  there  was  always  dignity  and,  what  is  of  infinitely 
more  importance,  that  sincere  respect,  not  merely  for  his 
audience,  but  for  what  he  was  himself  doing  and  saying  as 
a  public  man,  which  is  so  often  neglected,  to  the  great 
detriment  of  speakers  and  listeners  alike.  He  had  in 
large  measure  the  "  high  seriousness "  which  Aristotle 
commends  in  the  poet. 

He  did  not  speak  on  many  subjects.  He  was  not  an 
incessant  talker.  But  upon  any  topic  which  engaged  his 
attention  he  spoke  copiously  and  well,  and  never  failed 
to  show  that  he  had  thought  much  and  independently 
upon  the  questions  involved.  He  liked  large  issues 
because  they  offered  the  widest  opportunity  for  specu- 
lation as  to  causes  and  for  visions  of  the  future.  This 
reach  of  mind  made  him  an  American  in  the  largest  sense 
and  showed  clearly  in  the  note  of  intense  patriotism 
which  sounded  so  strongly  in  his  more  formal  addresses. 

It  was  always  a  pleasure  to  talk  with  him,  for  he  was 
unfailingly  suggestive  and  ranged  widely  in  his  thought. 
The  grave  courtesy  of  his  manner,  which  never  wavered, 
had  to  me  a  peculiar  charm.  I  should  not  for  a  moment 
think  of  hinting  even  that  the  manners  now  generally 
in  vogue  are  not  better,  but  they  are  certainly  different. 
Manners  like  those  of  Senator  DANIEL,  I  suppose,  would 
be  thought  to  take  too  much  time,  both  in  acquisition 
and  practice,  among  a  generation  which  can  employ  its 
passing  hours  so  much  more  usefully.  Yet  I  can  not 
divest  myself  of  the  feeling,  an  inherited  superstition, 

[37] 

211334 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

perhaps,  that  manners  such  as  his — serious,  gracious, 
elaborate  if  you  please,  but  full  of  kindness  and  thought 
for  others — can  never  really  grow  old  or  pass  out  of 
fashion. 

He  loved  his  country  and  he  loved  her  history.  He 
cherished  with  reverence  her  institutions  and  her  tradi- 
tions. It  could  not  be  otherwise,  for  he  was  a  Virginian, 
and  the  history  and  traditions  of  his  own  State  outran  all 
the  rest.  Others  may  disregard  the  past  or  speak  lightly 
of  it,  but  no  Virginian  ever  can,  and  Senator  DANIEL  was 
a  Virginian  of  Virginians. 

He  believed,  as  I  am  sure  most  thoughtful  men  believe, 
that  the  nation  or  the  people  who  cared  naught  for  their 
past  would  themselves  leave  nothing  for  their  posterity 
to  emulate  or  to  remember.  He  had  a  great  tradition  to 
sustain.  He  represented  the  State  where  the  first  perma- 
nent English  settlement  was  founded.  He  represented 
the  State  of  George  Washington. 

I  will  repeat  here  what  I  have  said  elsewhere,  that, 
except  in  the  golden  age  of  Athens,  I  do  not  think  that  any 
community  of  equal  size,  only  a  few  thousands  in  reality, 
has  produced  in  an  equally  brief  time  as  much  ability 
as  was  produced  by  the  Virginian  planters  at  the  period 
of  the  American  Revolution.  Washington  and  Marshall, 
Jefferson  and  Madison,  Patrick  Henry,  the  Lees  and  the 
Randolphs,  Masons  and  Wythe — what  a  list  it  is  of  sol- 
diers and  statesmen,  of  orators  and  lawyers!  The  re- 
sponsibility of  representing  such  a  past  and  such  a  tradi- 
tion is  as  great  as  the  honor.  Senator  DANIEL  never 
forgot  either  the  honor  or  the  responsibility.  Can  more 
be  said  in  his  praise  than  that  he  worthily  guarded  the 
one  and  sustained  the  other! 

The  Civil  War  brought  many  tragedies  to  North  and 
South  alike.  None  greater,  certainly,  than  the  division 
of  Virginia.  To  a  State  with  such  a  history,  with  such 


[38] 


ADDRESS  OF  MR.  LODGE,  OF  MASSACHUSETTS 

memories  and  such  traditions,  there  was  a  peculiar  cruelty 
in  such  a  fate.  Virginia  alone  among  the  States  has  so 
suff ered.  Other  wounds  have  healed.  The  land  that  was 
rent  in  twain  is  one  again.  The  old  enmities  have  grown 
cold;  the  old  friendships  and  affections  are  once  more 
warm  and  strong  as  they  were  at  the  beginning.  But  the 
wound  which  the  war  dealt  to  Virginia  can  never  be 
healed.  There  and  there  alone  the  past  can  not  be 
restored.  One  bows  to  the  inevitable,  but  as  a  lover  of 
my  country  and  my  country's  past  I  have  felt  a  deep  pride 
in  the  history  of  Virginia,  in  which  I,  as  an  American, 
had  a  right  to  share,  and  I  have  always  sorrowed  that  an 
inexorable  destiny  had  severed  that  land  where  so  many 
brave  and  shining  memories  were  garnered  up.  That 
thought  was  often  in  my  mind  as  I  looked  at  Senator 
DANIEL  in  this  Chamber.  Not  only  did  he  fitly  and  highly 
represent  the  great  past,  with  all  its  memories  and  tradi- 
tions, but  he  also  represented  the  tragedy,  as  great  as  the 
history,  which  had  fallen  upon  Virginia.  To  the  cause  in 
which  she  believed  she  had  given  her  all,  even  a  part  of 
herself,  and  the  maimed  soldier  with  scars  which  com- 
manded the  admiration  of  the  world  finely  typified  his 
great  State  in  her  sorrows  and  her  losses  as  in  her  glories 
and  her  pride. 


[39] 


ADDRESS  OF  MR.  ROOT,  OF  NEW  YORK 

Mr.  PRESIDENT  :  It  is  a  melancholy  satisfaction  to  add  my 
word  of  tribute  to  the  memory  of  Senator  DANIEL.  I 
knew  of  him  first  as  the  author  of  a  painstaking,  accurate, 
and  clear  work  upon  one  of  the  dry  and  technical 
branches  of  the  law.  I  wondered  that  the  nature  which 
could  bring  itself  to  the  labor  of  preparation  and  exposi- 
tion in  such  a  field  could  also  be  the  nature  of  a  gallant 
soldier  and  a  convincing  and  stirring  advocate;  still  more 
that  it  could  be  the  nature  of  an  orator,  with  the  breadth 
of  view  and  the  loftiness  of  idealism  and  tenderness  of 
sympathy  which  made  him  potent  to  move  the  masses 
of  men. 

I  first  came  to  know  him  when  the  interests  of  the  peo- 
ple of  his  State  of  Virginia  brought  him  into  the  Depart- 
ment of  War  and  into  consultation  with  the  head  of  the 
department.  I  do  not  know  that  in  all  the  years  of  expe- 
rience as  head  of  the  Department  of  War  and  then  as 
head  of  the  Department  of  State,  which  brought  me  into 
contact  with  so  many  of  the  strong  and  able  men  of  our 
country,  I  have  ever  been  more  impressed,  I  doubt  if  I 
have  been  ever  so  much  impressed,  by  the  personality 
of  any  man  as  I  was  by  the  personality  of  Senator  DANIEL. 
His  distinguished  and  sincere  courtesy,  the  grave  dignity 
which  characterized  his  demeanor,  the  simplicity,  direct- 
ness, and  truthfulness  of  his  utterances,  the  ingenuous- 
ness of  his  motives,  were  so  apparent  that  above  all  the 
men  whom  I  have  ever  known  he  created  an  atmosphere 
which  lifted  up  those  about  him  to  the  same  high  plane 
of  his  own  noble  purpose. 


[40] 


ADDRESS  OF  MR.  ROOT,  OF  NEW  YORK 


His  courtesy  was  not  mere  manner.  His  manner  was 
but  the  expression  of  a  sensitive  and  noble  spirit  exhibit- 
ing itself  through  the  forms  of  a  great  tradition.  The 
sensitiveness  of  his  sympathy  impressed  upon  everyone 
who  knew  him  the  certainty  that  he  was  a  pure,  sincere, 
and  noble  gentleman.  The  kindliness  and  considerate 
character  that  was  displayed  in  his  action  and  his  words 
furnished  a  guaranty  of  his  justice,  of  his  considerate  and 
thoughtful  regard  for  the  rights,  the  feelings,  and  the 
prejudices  of  others.  He  never  left  the  War  Department 
or  the  State  Department  in  my  time  that  I  did  not  feel 
myself  a  better  gentleman  and  a  better  officer  for  having 
come  under  his  influence  and  having  been  within  the 
sphere  of  the  atmosphere  that  surrounded  him  for  even 
the  few  minutes  of  our  interviews. 

Ah,  sir,  that  was  the  nature  that  breathes  the  very  soul 
of  patriotism  and  love  of  country.  Brave  soldier  as  he 
was,  earnest  advocate  as  he  was,  indomitable  in  every 
enterprise  to  which  he  set  his  hand,  fearless  as  against 
all  opposition  or  attack,  he  had  that  essential  regard  for 
the  rights,  the  feelings,  the  prejudices  of  all  his  country- 
men which  makes  it  possible  for  the  people  of  a  free,  self- 
governed  country  to  live  together  in  peace  and  harmony, 
and  to  love  their  country  and  their  countrymen. 

He  was  the  product  of  those  centuries  during  which 
the  formative  power  developing  the  people  of  the  United 
States  proceeded  from  a  race  of  men  whose  characters 
were  affected  by  the  calmness  and  serenity  of  rural  life. 
The  landholders  of  North  and  South,  of  New  England 
and  the  Middle  States,  of  Virginia  and  Georgia  and  the 
Carolinas,  the  people  of  all  our  States  who,  with  their 
fathers,  had  owned  their  own  land,  had  acknowledged — 
had  known — no  superior,  socially  or  politically,  coming  to 
manhood  in  self-respecting  independence,  with  unhurried 
development  of  character,  not  feverish  or  hysterical, 


[41] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

but  reflective,  calm,  strong,  considerate.  These  were  the 
men  who  made  the  earlier  history  of  our  country,  and 
from  them  came  Senator  DANIEL.  A  new  life  is  urging 
forward  the  movements  of  our  people.  The  rush,  the 
haste,  the  tumult,  the  unthinking  excitement  of  the  strug- 
gle for  wealth  are  displacing  the  old  calmness  and  reflec- 
tive training. 

But,  sir,  the  influence  of  which  Senator  DANIEL  was  a 
perhaps  belated  representative  must  remain  if  the  great 
country  which  he  served  so  well  is  to  continue.  Self- 
respect  and  respect  for  others,  courtesy,  consideration, 
sympathy,  justice,  all  the  qualities  of  the  older  time, 
must  be  found  among  the  people  who  govern  them- 
selves or  their  self-government  will  degenerate  into  the 
wild  scramble  that  means  strife,  discord,  conflict,  and 
disintegration. 

That  Virginia  has  honored  and  does  honor  this  gentle- 
man of  the  old  time,  that  this  Senate  loved  him,  that  our 
country  remembers  him  with  grateful  appreciation  for 
what  he  was,  all  argue  well  for  the  soundness,  the  whole- 
someness,  the  genuine  spirit  of  patriotism  that  will  pre- 
serve all  that  he  represented.  Long  may  it  be  before  the 
life  and  the  influence  of  that  noble  race  of  men  of  whom 
he  was  so  distinguished  an  example  is  forgotten  in  the 
councils  of  our  Government  or  in  the  action  of  our  people. 


[42] 


ADDRESS  OF  MR.  PERKINS,  OF  CALIFORNIA 

Mr.  PRESIDENT: 

Friend  after  friend  departs; 

Who  hath  not  lost  a  friend? 
There  is  no  union  here  of  hearts 

That  finds  not  here  an  end. 

Mr.  President,  Senator  DANIEL'S  death  removed  a  very 
useful,  a  very  prominent,  and  a  very  public-spirited  Mem- 
ber of  this  Chamber  and  the  State  of  Virginia  a  very 
distinguished  and  well-beloved  son. 

The  warmth  of  feeling  with  which  he  was  regarded  by 
his  fellow  citizens  was  an  index  of  his  attitude  toward 
them  during  his  entire  life,  and  the  sincere  grief  mani- 
fested at  his  death  by  the  Members  of  the  Senate  indi- 
cates in  some  measure  the  feeling  which  he  inspired  in 
the  hearts  of  his  colleagues. 

In  every  period  of  his  career  Senator  DANIEL  exhibited 
that  earnestness,  unselfishness,  and  devotion  to  what  he 
believed  to  be  his  highest  duty  which  wins  the  admira- 
tion and  respect  of  all  earnest  and  thoughtful  people. 

During  the  Civil  War  his  energy  and  talents  were 
exerted  to  the  utmost  in  the  cause  which  called  him  into 
the  field.  The  wounds  he  received  bore  witness  to  his 
bravery,  and  the  high  rank  which  he  attained  is  evidence 
of  his  soldierly  qualities  and  military  ability. 

After  the  peace  his  devotion  to  his  people  caused  him 
to  enter  public  life,  where  he  demonstrated  his  unusual 
qualifications  for  public  affairs  and  earned  the  respect 
and  aif  ection  of  the  people  of  his  State. 

[43] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

As  a  lawyer  he  had  achieved  a  very  high  rank,  and  in 
certain  branches  of  the  law  became  an  authority. 

In  Congress  he  developed  to  the  full  all  those  powers 
of  application  and  persuasion  which  enable  a  legislator 
to  get  at  the  truth  of  any  subject  and  to  convince  those 
who  are  to  deal  with  it,  and  in  work  of  this  kind  his  abso- 
lute sincerity  and  anxiety  for  that  only  which  is  for  the 
public  good  made  him  a  power  in  the  counsels  of  both 
the  House  and  the  Senate. 

In  all  that  he  did  as  a  member  of  the  Virginia  Legisla- 
ture and  as  a  Member  of  the  Congress  of  the  United  States 
he  strove  earnestly  and  constantly  to  throw  the  cloak  of 
oblivion  over  the  dark  past  and  to  make  it  plain  to  all 
that  we  are  citizens  of  an  undivided  country,  to  which  is 
due  absolute  loyalty  and  that  love  which  all  should  have 
for  the  most  precious  of  earthly  possessions. 

God  grant — 

He  once  said — 

that  the  departed  era  may  return  no  more  to  our  country. 
It  is  the  marvel  of  the  world — 

He  again  said — 

that  so  far  our  unprecedented  and  unmatched  Constitution  has 
availed  to  preserve  our  inheritance  and  to  keep  alive  here  the 
hope  and  faith  that  the  future  may  prove  worthy  of  the  past. 

A  greater  people  have  never  yet  appeared  upon  this  globe  than 
the  Americans,  and  it  must  solemnize  any  just  mind  to  realize  the 
responsibility  which  comes  to  it  with  the  injunction  to  take  heed 
that  no  ill  befall  the  Republic. 

The  loyalty  of  Senator  DANIEL  to  his  country  was 
equaled  by  his  loyalty  to  his  State.  He  was  a  true  Vir- 
ginian, believing  in  the  grand  old  Commonwealth  with  all 
the  strength  of  his  generous  nature  and  in  its  people  with 
all  the  warmth  of  a  great  heart.  Whatever  was  for  the 
advantage  of  the  Old  Dominion,  that  he  advocated  and 
worked  for  with  all  the  energy  he  possessed. 

[44] 


ADDRESS  OF  MR.  PERKINS,  OF  CALIFORNIA 

Without  the  enthusiasm  which  he  brought  to  bear  in 
the  effort  to  secure  the  Jamestown  Exposition,  it  is  very 
doubtful  whether  it  would  have  received  the  sanction  of 
Congress.  I  know  that  many  votes  for  it  were  secured 
purely  through  his  eloquent  advocacy  and  personal  mag- 
netism. He  entered  upon  the  contest  as  though  the  ques- 
tion were  one  of  vital  importance  to  his  State,  and  he 
brought  to  bear  all  the  dash  and  enthusiasm  which  char- 
acterized him  on  many  a  hard-fought  battlefield  in  his 
youth.  He  won  a  victory  for  his  people,  for  to  him  there 
was  no  such  thing  as  defeat  in  such  a  cause. 

For  individual  Virginians,  as  well  as  for  the  State  as  a 
whole,  Senator  DANIEL  held  himself  ready  to  work  for  any 
good  and  worthy  purpose,  and  it  was  through  his  efforts 
that  much  has  been  accomplished  in  the  way  of  develop- 
ment and  the  promotion  of  prosperity. 

As  he  said  of  the  late  Senator  Hoar,  so  may  we  now 
say  of  him : 

No  man  ever  said  or  thought  of  him  that  he  was  the  servant  of 
personal  ambition  or  of  private  ends.  There  are  many  things  in 
heaven  and  in  earth  that  can  not  be  seen  by  our  eyes  or  heard  by 
our  ears  or  touched  by  our  hands  or  which  are  within  the  pale 
of  our  sense;  more,  indeed,  "than  are  dreamed  of  in  your 
philosophy." 

Hence  many  a  noble  aim  may  miss  its  mark,  however  clear  be 
the  eye  that  discerns,  however  firm  the  will  that  directs,  however 
true  be  the  hand  that  obeys. 

It  is  only  possible  to  theJiuman  to  be  right  in  mind  and  con- 
science and  to  be  sincere  in  heart. 

So  felt  the  prophet  when  he  said:  "Keep  thy  heart  with  all 
diligence,  for  out  of  it  are  the  issues  of  life." 

So  did  Senator  DANIEL  keep  his  heart. 

He  aimed  his  arrow  at  wrong  wherever  he  thought  he  found  it. 

He  lifted  his  shield  over  the  right  wherever  he  thought  the 
right  needed  reenforcement. 

It  is  only  in  such  performance  of  duty  that  true  glory  may  be 
found. 

[45] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

No  one  who  knew  Senator  DANIEL  could  fail  to  be 
struck  with  the  evidences  of  his  wide  reading  and  pro- 
found reflection.  He  was  a  scholar  by  instinct,  habit, 
and  training.  Whenever  he  arose  to  speak  he  was  lis- 
tened to  with  pleasure  and  instruction,  for  he  gave  the 
results  of  long  and  careful  study,  enriched  by  gleanings 
from  the  domain  of  literature. 

His  was  the  eloquence  which  we  find  in  the  older  school 
of  statesmen,  who  strive  to  clothe  their  thoughts  in  the 
rich  language  of  the  great  masters  when  felicity  of  ex- 
pression was  sought  for  as  the  proper  setting  for  exalted 
ideas.  His  discourse  in  private  had  the  same  character- 
istics and  formed  one  of  his  charms  in  social  life. 

I,  as  well  as  the  rest  of  his  colleagues,  was  warmly 
attached  to  him  by  reason  of  his  genial  companionship, 
which  had  the  full  flavor  of  that  southern  generosity  and 
open-heartedness  which  have  made  the  hospitality  of  the 
South  proverbial  throughout  our  land. 

In  my  intercourse  with  him  in  the  Senate  on  the  Com- 
mittees on  Appropriations  and  Coast  Defenses,  of  which 
we  were  both  members,  and  in  purely  social  life  I  found 
him  steadfast  to  those  high  ideals  which  he  had  early  set 
up  for  his  guidance,  and  which  had  caused  him  to  set  a 
striking  example  to  his  fellow  citizens  in  war  and  in 
peace. 

His  wide  sympathies  took  in  all  classes  of  people  and 
all  parts  of  our  great  country,  and  he  was  ever  on  the 
alert  to  study  conditions  new  to  him  and  to  gather  there- 
from ideas  that  might  be  made  of  benefit  to  all. 

I  shall  never  forget  the  interest  he  took  in  our  great 
Pacific  coast,  when,  as  my  guest  in  California,  he  had  an 
opportunity  to  see  the  land  over  which  the  stories  of  the 
Argonauts  has  thrown  an  atmosphere  of  romance.  He 
found  there  much  to  remind  him  of  his  own  loved  native 
State,  and  in  the  free,  generous  life  of  our  people  he  felt 

[46] 


ADDRESS  OF  MR.  PERKINS,  OF  CALIFORNIA 

himself  back  among  the  beautiful  Virginia  mountains  and 
valleys. 

We  may  say  of  Senator  DANIEL  as  he  once  said  in  a 
eulogy  of  a  former  colleague : 

He  was  typical  of  his  State,  of  his  section,  and  of  his  party, 
and  he  was  distinctively  a  Representative  in  all  he  stood  for. 

Most  of  the  great  problems  that  engaged  his  thought  and  effort 
have  found  their  solution  through  the  processes  of  time,  and  new 
sails  are  now  seen  on  the  horizon  before  us. 

As  we  seek  to  measure  justly  the  men  of  the  past  we  do  not 
carry  into  our  judgments  the  partisan  feelings  which  inflamed 
them  or  their  combatants  in  hours  of  conflict,  for  it  is  the  happy 
faculty  of  a'  wholesome  nature  to  take  men  according  to  the 
circumstances  which  environed  them  and  according  to  the 
manner  in  which  they  dealt  with  their  own  obligations  and 
duty. 

Abraham  Lincoln  said  on  one  occasion  that  he  must  confess 
that  events  had  controlled  him  far  more  than  he  had  controlled 
events;  and  if  one  who  was  at  the  head  of  such  mighty  power  as 
he  wielded  could  feel  so  sensitively  how  little  any  one  man  can 
do  in  the  great  movements  of  the  human  race,  how  much  more 
must  it  be  felt  by  those  who  play  but  minor  parts  in  the  drama 
that  is  in  their  time  upon  the  stage. 

And  again: 

The  stroke  that  removes  one  who  has  long  interwoven  his  life 
in  the  work  of  a  great  public  body,  who  has  bound  himself  in 
associations  of  friendship  and  cooperative  tasks  with  his  com- 
panions, who  has  become  a  part  of  the  business  of  many  con- 
stituents, who  has  stood  forth  as  the  representative  of  a  great 
State,  and  as  the  champion  of  ideas,  and,  indeed,  has  translated 
his  being  into  law  and  doctrine — such  a  stroke  suddenly  snaps 
many  ties  and  dissolves  many  vistas  of  pleasant  and  instructive 
contemplation. 

It  must  be  to  many,  and  it  seems  to  all,  as  if  a  landmark  of 
memory  and  hope  and  faith  and  affection  had  suddenly  crumbled 
to  the  dust. 

If  we  lift  our  gaze  from  the  tomb  of  a  single  one  who  has 
departed  to  survey  the  scene  of  desolation  which  a  few  years 

[47] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

make  in  the  ranks  of  a  body  like  this,  we  are  well-nigh  appalled 
to  realize  how  swiftly  and  surely  death  consummates  its  work 
of  change  and  dissolution. 

In  the  words  he  used  in  acknowledging  the  worth  of  a 
former  Member  of  this  body,  I  may  say  concerning  Sen- 
ator DANIEL  that  not  only  California,  "  the  younger  sister 
of  Virginia,"  not  only  the  old  13  States  that  founded  our 
fabric  of  Government,  but  all  of  the  45  American  Com- 
monwealths that  to-day  constitute  the  Republic,  say  this 
of  him,  who  so  nobly  applied  it  to  another : 

He  was  faithful  to  truth  as  he  saw  it;  to  duty  as  he  understood 
it;  to  constitutional  liberty  as  he  conceived  it. 

Man  sees  all  things  die  around  him.  The  bud  and  the  blossom 
die. 

The  leaf  and  the  tree  die. 

The  birds  of  the  air  and  the  fishes  of  the  sea,  the  creatures  of 
the  forest  and  the  field  and  the  desert;  alike,  they  die. 

Man,  in  this  respect,  is  like  them,  and  we  see  and  feel  and 
know  within  ourselves,  as  did  our  dying  brother,  that  of  a  truth 
we  die  daily. 

The  days  die  and  the  nights  die. 

The  weeks  and  the  months  and  the  years  and  the  centuries  and 
the  seasons  die. 

Time  itself,  even  as  we  call  its  name  and  with  our  every  breath, 
dies  away  from  us. 

An  eternity  without  beginning  lies  behind  us — dead. 

A  faith  so  beautifully  expressed  can  not  fail  to  be  a 
comfort  and  an  inspiration  to  those  who  knew  his  kindly 
character.  When  all  that  was  mortal  of  Senator  DANIEL 
was  deposited  in  that  last  peaceful  resting  place,  amidst 
the  pines  of  his  native  State,  how  cheering  is  the  thought 
that  he  believed  it  to  be  but  the  narrow  entry  to  a  greater, 
nobler  life — eternal  in  the  heavens . 


[48] 


ADDRESS  OF  MR.  PERKINS,  OF  CALIFORNIA 

How  well  could  our  dear  friend  say  in  Tennyson's  in- 
comparable verse : 

Sunset  and  evening  star, 

And  one  clear  call  for  me! 
And  may  there  be  no  moaning  of  the  bar 

When  I  put  out  to  sea. 

******* 

Twilight  and  evening  bell, 

And  after  that  the  dark! 
And  may  there  be  no  sadness  of  farewell 

When  I  embark; 
And  though  from  out  our  bourne  of  time  and  place 

The  flood  may  bear  me  far, 
I  hope  to  see  my  Pilot  face  to  face, 

When  I  have  crossed  the  bar. 


1004*— 11- 


[49] 


ADDRESS  OF  MR.  SIMMONS,  OF  NORTH  CAROLINA 

Mr.  PRESIDENT  :  Virginia  has  greatly  enriched  our  coun- 
try by  her  successive  contributions  to  the  eminent  men 
who  have  adorned  public  life.  In  his  address  in  com- 
memoration of  the  landing  at  Jamestown,  President  Tyler 
mentions  that  there  came  to  Virginia  in  her  early  days 
many  representatives  of  that  landed  gentry  whose  ca- 
pacity and  worth  had  elevated  England  to  her  glorious 
position  among  the  nations.  Their  American  descend- 
ants were  not  unworthy  of  their  lineage.  Many  scions 
of  this  persistent  stock  have  budded  in  Virginia  soil  and 
blossomed  into  perfect  manhood,  and  in  every  generation 
Virginia  thought  and  Virginia  life  have  been  ennobled 
by  men  cast  in  a  superior  mold,  who  compel  our  admira- 
tion and  lead  us,  while  wondering  at  their  talents,  to 
seek  to  emulate  their  virtues. 

Although  but  three  centuries  have  as  yet  elapsed,  in 
the  long  roll  of  eminent  Virginians  we  can  find  examples 
of  public  worth  that  vie  with  the  most  famous  characters 
of  storied  Greece  and  imperial  Rome. 

It  was  the  fortune  of  our  lamented  friend,  JOHN  WAR- 
WICK DANIEL,  to  have  brought  the  list  of  these  illustrious 
Virginians  down  into  our  own  times.  He  entered  public 
life  as  the  elder  statesmen  of  the  Old  Dominion  were 
passing  away,  but  the  names  of  Tyler,  Stuart,  Hunter, 
Wise,  Baldwin,  Conrad,  Randolph,  Seddon,  and  other 
distinguished  actors  in  public  affairs  were  still  lingering 
on  the  tongues  of  men  when  he  came  to  his  work  in  this 
high  forum.  He  was,  like  them,  bred  in  the  atmosphere 
of  the  ancient  dominion,  and  feeling  the  pulsations  of 


[50] 


ADDRESS  OF  MR.  SIMMONS,  OF  NORTH  CAROLINA 

the  former  time.  He  was  nourished  in  his  youth  amid 
the  influences  of  the  old  regime,  and  like  some  vigorous 
giant  of  the  forest  he  threw  out  his  roots  deep  down  into 
the  soil  of  Virginia,  and  in  every  fiber  he  was  the  product 
of  that  Commonwealth  of  high  thought  and  great  action 
which  have  won  for  her  the  proud  title  of  mother  of 
statesmen.  But  each  generation  has  its  vicissitudes  that 
exert  a  distinctive  influence  in  the  formative  period  of 
character.  Like  the  earlier  statesmen  following  the  close 
of  the  Revolution,  DANIEL  had  passed  through  the  fiery 
ordeal  of  war.  Thus  it  happened  that  his  manhood  had 
been  perfected  in  his  youth,  and  his  military  experiences 
had  strengthened  his  resolution  and  had  imbued  him 
with  unusual  fortitude.  So  often  had  he  been  in  immi- 
nent peril,  so  often  had  he  looked  with  composure  as 
death  made  havoc  on  either  side  and  companions  fell 
about  him,  that  his  very  nature  became  permeated  by  a 
heroic  disregard  of  all  considerations  save  alone  the  strict 
performance  of  personal  duty. 

Thrice  wounded,  he  suffered  painfully,  and  although 
he  survived,  the  old  wounds  of  the  battle  field  finally 
hastened  him  to  the  grave. 

Trained  as  a  lawyer  in  association  with  his  estimable 
father,  Judge  Daniel,  he  knew  none  of  the  arts  of  shrewd 
pettifoggers,  but  built  on  the  bedrock  of  comprehensive 
jurisprudence.  Thus,  not  unnaturally,  he  became  an 
author,  and  his  work  on  Negotiable  Instruments  at  once 
attests  his  industry,  his  juridical  learning,  and  his  legal 
acumen.  Immediately  this  valuable  compendium  of  the 
law  was  received  by  the  courts  as  authority,  and  had  his 
life  then  ceased  his  monument  was  already  erected. 

But  Virginia  realized  his  worth,  and  the  most  coveted 
honors  his  people  could  bestow  freely  awaited  him. 

In  1887,  transferred  from  the  House  of  Representatives 
to  this  body,  he  entered  on  a  career  honorable  not  alone 


[51] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

to  himself  but  to  the  great  State  whose  political  tradi- 
tions he  so  admirably  maintained. 

Well  equipped,  familiar  with  public  questions,  with  a 
mind  trained  by  exacting  study,  and  richly  endowed  with 
logical  powers,  he  was  at  once  accorded  an  enviable  posi- 
tion among  the  distinguished  Senators  of  that  period. 

His  particular  associates — those  southern  Senators  with 
whom  naturally  he  became  most  intimate — had,  like  him- 
self, been  actors  in  the  struggle  between  the  sections,  and, 
animated  by  a  large  patriotism,  were  ardently  seeking  to 
reestablish  fraternal  relation  among  the  people  of  the 
Union,  while  zealously  laboring  to  promote  the  happi- 
ness and  prosperity  of  the  Southern  States. 

There  were  the  mighty  Vance  and  the  wise  Ransom, 
the  noble  Hampton  and  the  accomplished  Butler,  the 
brilliant  Gordon  and  still  more  brilliant  Hill,  Pugh  and 
Morgan,  Walthall  and  George,  Gibson  and  Eustis,  Bate 
and  Isham  G.  Harris,  Beck  and  Blackburn,  Vest  and 
Cockrell,  Kenna  and  Faulkner,  Beagan  and  Berry — a 
galaxy  of  representative  southerners,  uniting  shining  tal- 
ents with  rare  excellence  of  personal  character.  In  their 
midst  the  accomplished  Senator  from  Virginia  found  his 
appropriate  place,  and  with  them  he  illustrated  in  this 
forum  those  sterling  virtues  that  have  long  been  ascribed 
to  the  most  distinguished  of  our  southern  statesmen. 

Four  times  was  he  elected  a  Senator,  and  the  years  of 
his  service  here  covered  a  period  of  remarkable  interest 
in  the  annals  of  our  country.  It  was  while  he  was  giving 
voice  to  Virginia's  patriotism  in  this  Hall  that  Fitzhugh 
Lee  and  Wheeler,  once  Confederates,  were  leading  to 
glorious  victory  the  boys  in  blue  on  foreign  soil,  and  the 
embers  of  the  long  war  were  finally  and  forever  extin- 
guished. 

Momentous  measures  constantly  arose  to  claim  the 
attention  of  the  statesmen  of  that  period,  and  Mr.  DANIEL'S 


[52] 


ADDRESS  OF  MR.  SIMMONS,  OF  NORTH  CAROLINA 

positions  were  always  comprehensive,  liberal,  and  pa- 
triotic. He  was  not  merely  a  representative  of  Virginia, 
but  a  Senator  of  the  United  States,  his  great  heart  beat- 
ing in  unison  with  the  mighty  pulsations  of  the  entire 
Nation. 

His  fame  extended  throughout  the  confines  of  the 
Union,  and  his  name  became  a  household  word  at  the 
South,  and  especially  in  the  homes  of  the  people  of  North 
Carolina.  Close  to  Virginia,  North  Carolina  watched 
with  pleasure  and  with  pride  the  brilliant  career  of  this 
illustrious  son  of  the  Old  Dominion  and  cherished  for 
him  a  personal  attachment  and  a  particular  regard. 

The  people  of  that  State  were  ever  in  sympathy  with 
his  positions  on  public  affairs  and  fully  recognized  his 
sterling  worth  and  eminent  services. 

But  as  splendid  as  was  his  performance  in  this  forum, 
his  chief  triumph  came  to  him  outside  of  these  walls. 

When  the  Nation's  memorial  to  the  immortal  Wash- 
ington was  finished  and  an  orator  was  to  pronounce  the 
eulogium  on  the  great  Virginian,  DANIEL  was  selected  as 
the  fittest  American  of  his  generation  to  embody  the 
sentiments  of  his  countrymen  in  harmonious  language. 

As  an  orator  he  was  superb,  and  on  that  memorable 
occasion  his  surpassing  eloquence  received  the  plaudits 
of  the  continent.  Indeed,  as  distinguished  as  he  was  as 
a  thinker,  a  man  of  learning  and  as  a  statesman,  it  was 
as  an  orator  of  superlative  powers  that  he  won  his  highest 
title  to  fame.  He  possessed  the  creative  faculty  in  ex- 
traordinary measure;  and,  indeed,  it  might  well  have 
been  of  him  that  Gladstone  wrote : 

He  has  a  delicate  insight  into  beauty,  a  refined  perception  of 
harmony,  a  faculty  of  suggestion,  an  eye  both  in  the  physical  and 
moral  world  for  motion,  light,  and  color;  a  sympathetic  and  close 
observer  of  nature,  a  dominance  of  constructive  faculties,  and 
that  rare  gift — the  thorough  mastery  and  loving  use  of  his  native 
tongue. 

[53] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

And  how  well  does  this  further  quotation  describe  the 
style  of  his  finished  addresses : 

It  is  paramount  in  the  union  of  ease  of  movement  with  per- 
spicuity of  matter,  of  both  with  real  splendor,  and  of  all  with 
immense  rapidity  and  striking  force.  From  any  other  pen  such 
masses  of  ornament  would  be  tawdry,  with  him  they  are  only 
rich.  Like  Pascal,  he  makes  the  heaviest  subject  light;  like 
Burke,  he  embellishes  the  barrenest.  When  he  walks  over  arid 
plains  the  springs  of  milk  and  honey  seem  to  rise  beneath  his 
tread.  The  repast  he  serves  is  always  sumptuous,  but  it  seems 
to  create  an  appetite  proportionate  to  its  abundance. 

As  Senator  DANIEL'S  distinction  was  founded  on  emi- 
nent merit,  he  wore  his  honors  with  graceful  ease,  and 
with  his  varied  accomplishments  there  were  united  a 
generosity  and  an  urbanity  of  carriage  that  rendered  him 
an  agreeable  companion. 

He  was  cordial,  genial,  bright,  always  full  of  hope, 
looking  to  the  future  with  confidence  as  if  it  ever  pre- 
sented to  his  view  the  rainbow  of  promise. 

With  such  a  social  bearing,  intercourse  with  him  easily 
ripened  into  affectionate  regard;  and  not  merely  was  he 
admired  and  esteemed,  but  there  was  a  gentler  touch  that 
drew  his  friends  close  bound  to  him. 

So  that  when  at  length  he  was  detained  from  his  accus- 
tomed place  in  this  Hall  and  when  the  sufferings  of  the 
last  days  came  there  was  a  genuine  sympathy  felt  here 
that  penetrated  every  heart.  In  that  protracted  struggle, 
hovering  between  life  and  death,  he  bore  himself  man- 
fully. There  was  no  falling  away. 

His  resolution  never  quailed.  His  spirit  was  firm  to  the 
end.  Undaunted  he  saw  that  dread  vision,  which  in 
strength  and  health  seems  so  remote,  draw  nearer  and 
nearer,  and  without  a  vain  regret  he  entered  on  the  ex- 
periences of  the  world  beyond.  Recalling  his  fortitude 
in  that  dark  hour,  may  not  we,  his  associates,  hold  the 


[54] 


ADDRESS  OF  MR.  SIMMONS,  OF  NORTH  CAROLINA 

conviction  that  not  merely  was  he  sustained  by  the  assur- 
ances of  that  Christian  faith  whose  precepts  he  observed, 
but  that  boldly  and  without  fear  or  misgiving  he  essayed 
the  passage  to  the  bosom  of  the  illimitable  ocean  of  the 
mysterious  future  well  buttressed  and  buoyed  by  the 
confident  hope  expressed  by  the  poet : 

And  though  from  out  our  bourne  of  time  and  place 

The  flood  may  bear  me  far, 
I  hope  to  see  my  Pilot  face  to  face, 

When  I  have  crossed  the  bar. 


[55] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

Mr.  PRESIDENT:  It  is  with  profound  misgivings  that  I 
undertake  to  make  a  fitting  tribute  to  the  character,  the 
worth,  the  achievements,  and  the  genius  of  the  illustrious 
lawyer,  orator,  statesman,  and  soldier  in  whose  memory 
these  memorial  exercises  are  held.  I  realize  that  I  can 
but  feebly  express  the  great  sorrow  entertained  by  the 
people  of  Virginia  at  his  untimely  death,  and  their  deep 
love  and  admiration,  mingled  with  a  profound  reverence, 
for  his  splendid  virtues,  his  varied  and  brilliant  achieve- 
ments. Of  all  the  eminent  public  men  who  have  adorned 
and  illumined  the  history  of  Virginia  none  of  them  ever 
had  a  longer  career  of  success  and  approval;  none  ever 
retained  more  continuously  the  abiding  and  abounding 
love  of  her  people.  He  was  so  intrenched  in  the  confi- 
dence and  affection  of  the  people  of  Virginia  that  no 
faction  dared  to  assail  him,  no  demands  of  partisan  poli- 
tics could  induce  even  the  most  reckless  and  unscrupulous 
to  attack  him.  For  more  than  a  decade  the  clouds  and 
storms  of  party  and  political  strife  have  been  unable  to 
reach  the  lofty  heights  to  which  the  esteem  and  the  love 
of  the  Virginia  people  lifted  him. 

In  Virginia  he  stood  preeminent;  above  all  others,  sur- 
rounded with  a  halo  of  universal  love,  admiration,  and 
reverence.  He  had  worthily  won  this  rare,  peculiar  place 
and  this  high  distinction  from  his  native  State.  No  Vir- 
ginian who  ever  lived  had  heart  stirred  with  a  purer 
patriotism  or  thrilled  with  a  deeper  love  for  Virginia  than 
Senator  DANIEL. 

[56] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

From  early  manhood  to  the  hour  of  his  death,  in  peace, 
in  war,  in  the  dark  hours  of  her  gloom  and  defeat,  this 
devoted  son  of  Virginia  firmly,  faithfully,  and  fearlessly 
served  her.  Virginia's  honor  was  his  honor;  her  wrongs 
were  his  wrongs;  her  failures  his  failures;  her  success 
was  his  success.  In  his  deep,  passionate  nature  flamed 
an  eternal  love  for  his  State. 

Senator  DANIEL  was  the  very  highest  type  of  a  Virgin- 
ian; a  name  synonymous  with  the  most  attractive  and 
most  splendid  qualities  of  human  character.  Sunshine 
scintillated  from  every  lineament  of  his  pleasing  face; 
geniality  radiated  from  his  warm,  generous  heart;  a  rare 
knightly  courtesy  characterized  his  manly  deportment. 
To  women  he  ever  extended  a  deference  and  reverence 
bespeaking  innate  refinement  and  purity.  A  devoted 
husband  and  father,  a  kindly  neighbor,  a  loyal  friend,  he 
possessed  in  a  marked  degree  those  sterling  Anglo-Saxon 
home  virtues  which  have  constituted  the  foundation  of 
its  greatness  and  has  made  it  the  world's  conquering  race. 
When  interested,  his  conversational  powers,  whether  on 
light  or  weighty  matters,  were  unexcelled.  His  deference 
to  and  consideration  for  others  were  noted  and  at  once 
won  the  hearts  of  those  with  whom  he  was  brought  in 
contact.  No  person  whom  I  have  ever  seen  surpassed 
him  in  pleasing  personality  or  possessed  in  a  superior 
degree  every  indication  of  distinction.  His  Roman  face 
and  features  of  rare  and  unexcelled  beauty  ever  radiated 
with  luminous  thought  and  gleamed  with  the  sunlight  of 
genius.  These  attractive  personal  traits  were  adornments 
that  gave  charm  to  a  strong  manly  nature.  He  was  a  man 
of  tireless  energy,  strong  convictions,  superb  moral  and 
physical  courage.  No  misfortune  could  bring  despair  to 
his  brave  and  stout  heart.  No  personal  sorrow,  no  great 
disappointment  could  retard  his  dauntless  spirit  in  its 
effort  for  achievement.  Though  born  and  reared  amid 

[57] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

all  the  surroundings  of  wealth  and  luxury,  yet  when  the 
misfortunes  of  Civil  War  swept  all  of  these  away,  man- 
fully, cheerfully,  he  accepted  the  changed  conditions  of 
poverty  and  hardship  and  struggled  to  earn  a  competence 
for  himself  and  others,  and  with  no  assistance  but  what 
came  to  him  from  a  brave  heart  and  a  great  mind  he 
attained  the  fame  and  the  prominence  which  afterwards 
came  to  him. 

Though  defeated  twice  in  his  efforts  to  be  governor  of 
Virginia  and  twice  in  his  efforts  to  become  a  Member  of 
the  House  of  Representatives,  yet  he  did  not  despair,  and 
by  his  conduct  and  magnificent  bearing  in  the  hours  of 
defeat  proved  himself  worthy  of  success,  acquired  the 
confidence  of  the  people  and  captivated  their  affections 
until  he  obtained  every  honor  and  distinction  that  Vir- 
ginia could  bestow  and  was  elected  for  five  terms  as  a 
Member  of  this  honorable  body.  Thus,  alike  in  de- 
feat and  in  victory,  he  displayed  his  preeminence  and 
greatness. 

Senator  DANIEL  was  a  man  of  positive  convictions,  and 
without  a  shadow  of  turning  adhered  firmly  and  steadily 
to  his  party's  tenets.  For  more  than  30  years  he  was  one 
of  the  ablest  and  most  eloquent  defenders  of  Democratic 
principles  in  this  Nation.  On  the  hustings,  in  the  press, 
in  the  legislative  halls  of  State  and  Nation  he  was  the 
bold,  brave  champion  of  Democracy — one  of  its  acknowl- 
edged and  most  beloved  leaders.  In  his  early  life,  when 
rejected  repeatedly  by  the  Democratic  Party,  he  manfully 
acquiesced,  never  sulked  or  swerved  from  party  fealty. 
He  proved  himself  too  good  and  too  great  a  man  to  desert 
his  people  because  they  failed  to  crown  him  king. 

Senator  DANIEL  was  a  man  of  absolute  scrupulous  hon- 
esty. A  great  orator  has  well  said: 

Honesty  is  the  oak  around  which  all  other  virtues  cling,  without 
that  they  fall  and  groveling  die  in  weeds  and  dust. 


[58] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

The  paths  of  his  public  life  were  crowded  with  vast 
power,  responsibility,  and  opportunity,  yet  no  stain  ever 
followed  his  footsteps.  His  pure  clean  hands  were  never 
soiled  by  the  betrayal  of  public  or  private  trust. 

Senator  DANIEL  was  a  man  of  unflinching  courage  and 
intrepid  spirit.  When  the  war  between  the  States  com- 
menced he  was  a  youth  of  19  years;  yet  so  ardent  was 
his  patriotism,  so  brave  his  heart,  so  resolute  his  will 
that  he  at  once  volunteered  and  was  commissioned  as  a 
second  lieutenant  in  the  Twenty-seventh  Virginia  Regi- 
ment, a  part  of  the  Stonewall  Brigade.  Nothing  can  be 
more  heroic,  no  picture  more  striking  than  that  of  this 
beardless  youth  charging  with  the  Twenty-seventh  Vir- 
ginia Regiment  at  the  Battle  of  First  Manassas,  and  aid- 
ing in  winning  that  great  victory  which  made  the  name 
of  Stonewall  Jackson  immortal.  I  shall  ever  remember 
the  vivid  descriptions  I  have  heard  him  give  of  his  ex- 
periences in  this  terrific  battle — his  first  baptism  in  blood 
and  war.  His  gallantry,  his  courage,  his  aptitude  for 
war  soon  won  him  distinction  and  secured  for  him  rapid 
promotion;  he  became  major  and  chief  of  staff  for  Gen. 
Jubal  A.  Early.  He  displayed  special  skill  and  gallantry 
as  a  staff  officer  at  Boonsboro  and  at  Sharpsburg,  the 
fiercest  and  bloodiest  battle  of  the  war.  He  also  rendered 
conspicuous  service  as  chief  of  Gen.  Early's  staff  in  Gen. 
Lee's  second  invasion  of  Maryland,  which  culminated  in 
the  Battle  of  Gettysburg. 

During  his  three  years  of  continuous  service  in  the 
Confederate  Army  he  participated  in  the  campaigns  of 
the  Army  of  Northern  Virginia,  shared  all  of  its  priva- 
tions and  dangers,  fought  gallantly  in  its  fierce  and  stub- 
born battles,  winning  daily  new  honors  for  devotion  to 
duty,  for  courage  and  gallantry.  During  the  service  he 
received  four  wounds,  the  last  one  being  of  a  serious  and 
dangerous  nature,  which  made  him  a  cripple  and  a  suf- 


[59] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

ferer  from  unremitting  pain  until  his  death.  On  the  6th 
of  May,  1864,  during  the  battle  of  the  Wilderness,  recog- 
nizing that  an  emergency  existed  and  believing  that  the 
troops  needed  a  mounted  officer  to  lead  them  on  a  difficult 
and  perilous  charge,  though  it  was  not  his  duty,  he  volun- 
teered, and  was  gallantly  leading  the  Thirty-third  Regi- 
ment of  the  old  Stonewall  Brigade  when  he  was  danger- 
ously wounded,  his  thigh  being  shattered  by  the  bullets 
of  the  enemy.  Thus  this  hero  fell  wounded  while  his 
comrades  marched  on  to  victory  inspired  by  his  gallantry 
and  genius.  This  wound  rendered  him  useless  for  active 
service  in  the  field.  But  for  this  wound  there  is  every 
reason  to  believe  that  on  account  of  his  high  reputation, 
his  splendid  record,  his  gallantry  and  genius  for  war,  he 
would  very  soon  have  been  promoted  to  brigadier  general, 
possibly  the  youngest  in  the  Confederate  Army. 

Thus,  while  a  mere  youth,  he  displayed  in  a  striking 
degree  those  qualities  of  energy,  quickness  of  conception 
and  action,  courage,  willing  endurance  of  toil  and  priva- 
tion, which  make  a  great  soldier.  His  record  in  the  Army, 
his  writings  and  discussions  upon  military  questions, 
indicate  that  with  further  opportunity  he  would  have 
attained  great  success  and  distinction  as  a  most  capable 
soldier. 

Mr.  President,  the  great  reputation  which  he  acquired 
in  youth  as  a  soldier  was  but  a  prelude  to  the  greater 
eminence  which  afterwards  came  to  him  as  a  lawyer, 
orator,  and  statesman.  In  each  of  these  three  great  de- 
partments of  human  endeavor  he  labored  successfully 
and  acquired  great  fame.  In  the  great  profession  of  law, 
which  requires  for  success  discriminating  judgment,  acute 
intellect,  clear  and  logical  reasoning,  he  early  became  one 
of  the  most  successful  and  foremost  members  of  the  bar 
of  his  native  State,  noted  for  its  able  and  eminent  lawyers. 
In  many  new  and  perplexing  legal  problems  presented 


[60] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

for  decision  by  the  courts  occasioned  by  the  Civil  War 
and  the  many  social  and  financial  upheavals  incident 
thereto,  he  was  counsel,  and  by  his  legal  learning  and 
clear  reasoning  fixed  the  law  governing  these  cases  and 
conditions.  His  many  briefs  and  arguments  presented 
to  the  court  of  appeals  of  his  native  State  on  new  and 
important  legal  questions  of  this  character  would  alone 
constitute  a  successful  life-work  of  a  lawyer. 

Whether  addressing  court  or  jury,  no  one  could  surpass 
him  as  an  advocate,  no  one  present  a  case  more  strongly 
and  clearly.  No  one  could  work  more  incessantly  and 
without  producing  fatigue  of  mind  or  body.  During  his 
whole  life,  when  occasion  required  it,  he  was  the  very 
incarnation  of  tireless  work  and  energy.  One  has  but  to 
read  the  reports  of  the  supreme  court  of  appeals  of  Vir- 
ginia during  the  years  of  his  early  life,  when  he  was  in 
active  practice,  to  obtain  evidence  of  his  greatness  as  a 
lawyer  and  of  the  immense  and  successful  practice  he 
possessed. 

What  is  still  more  remarkable,  while  actively  engaged 
in  prosecuting  the  profession  of  law,  with  a  large  and 
lucrative  practice,  his  spare  moments  were  utilized  in 
the  preparation  of  two  law  textbooks,  "  Daniel  on  At- 
tachments "  and  "  Daniel  on  Negotiable  Instruments." 
His  latter  work,  "  Daniel  on  Negotiable  Instruments,"  is 
the  best,  most  complete,  and  the  recognized  authority  on 
this  question,  not  only  in  the  United  States,  but  also  in 
the  English-speaking  world.  It  is  conceded  that  Daniel 
on  Negotiable  Instruments,  Gooley  on  Constitutional  Lim- 
itations, and  Benjamin  on  Sales  are  the  three  great  law 
textbooks  of  our  generation.  It  is  amazing  that  a  young 
man,  actively  engaged  in  the  practice  of  law,  with  an 
immense  practice,  engaged  at  the  same  time  in  the  tur- 
moil and  strife  of  political  life,  could  have  found  leisure 
to  prepare  such  a  textbook  on  such  an  intricate  subject 


[61] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

of  law,  containing  an  immense  amount  of  research  and 
a  rare  combination  of  detail  and  generalization,  with  such 
clearness  of  expression  and  breadth  of  conception  as  to 
make  it  an  acknowledged  authority,  and  so  successful 
that  it  has  gone  through  repeated  editions.  It  furnishes 
proof  of  the  breadth  of  his  intellect  and  the  brilliance  of 
his  varied  attainments.  His  legal  acquirements  were 
such  that  he  would  have  adorned,  with  his  intellect  and 
learning,  the  Supreme  Court  of  the  United  States. 

Mr.  President,  a  great  lawyer  is  naturally  a  successful 
and  constructive  statesman.  The  history  of  the  legisla- 
tion of  the  world  exemplifies  this.  Thus  it  should  occa- 
sion no  surprise  that  Senator  DANIEL'S  eminence  as  a 
lawyer  was  equally  signalized  in  his  work  as  a  legislator. 
In  his  native  State  he  served  in  the  house  of  delegates 
from  1869  to  1871,  and  in  the  State  senate  from  1875  to 
1881,  and  also  in  the  recent  constitutional  convention, 
which  prepared  the  present  State  constitution.  He  was 
easily  the  leader  in  each  of  these  legislative  bodies  during 
the  time  he  served.  Many  of  the  best  and  most  important 
institutions,  many  of  the  wisest  and  most  far-reaching 
laws  of  the  State  are  the  results  of  his  constructive 
handiwork. 

He  was  one  of  the  pioneers  and  foremost  advocates  of 
the  establishment  of  free  schools  in  Virginia,  with  all  of 
their  resultant  blessings  and  benefits.  He  was  the  author 
of  the  law  in  Virginia  giving  the  employees  of  transporta- 
tion companies  the  first  lien  upon  the  property  of  the 
companies  for  their  wages  and  also  the  law  permitting 
the  personal  representative  of  a  decedent  to  recover 
damages  for  the  death  of  the  intestant,  when  occasioned 
by  the  wrongful  act  of  a  corporation.  He  was  the  orig- 
inator and  the  promoter  of  the  measure  giving  the  coun- 
ties, cities,  and  towns  of  the  Commonwealth  power  to  tax 
the  railroads  within  their  borders,  which  measure  alone 


[62] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

has  been  the  source  of  inestimable  benefit  and  progress 
to  the  State.  In  the  last  State  constitutional  convention 
he  was  the  author  of  the  suffrage  provision,  which  was 
finally  adopted  as  a  part  of  the  constitution  of  Virginia, 
and  thus  he  successfully  solved  the  most  difficult  and 
perplexing  problem  that  confronted  the  convention. 

Time  will  not  permit  me  to  enumerate  the  many  benefi- 
cent laws  which  his  mind  conceived,  his  hand  wrote,  and 
he  enacted  for  the  betterment  of  the  people  of  Virginia. 
Suffice  it  to  say  that  though  his  services  in  the  legislative 
halls  of  his  State  were  limited,  yet  Virginia  can  point  to 
no  son  whose  achievements  in  State  legislation  can  exceed 
his. 

He  served  two  years  in  the  House  of  Representatives 
and  23  years  as  Senator  in  this  honorable  body.  From 
the  day  of  his  entrance  here  to  his  death  he  occupied  a 
most  prominent  position  in  the  deliberations  of  this  body. 
For  years  he  was  one  of  the  most  influential  members  of 
the  Committee  on  Foreign  Relations  of  the  Senate  and 
counseled  and  controlled  as  much  as  anyone  our  rela- 
tions with  foreign  nations.  He  was  an  active  and  dis- 
tinguished member  of  the  great  Appropriations  and 
Finance  Committees  of  the  Senate,  and  thus  potential  in 
all  matters  affecting  the  appropriations  and  revenues  of 
the  Government.  His  many  able  and  eloquent  speeches 
upon  constitutional  questions,  control  and  regulation  of 
railways,  restraint  of  trusts  and  combinations  of  capital, 
currency  and  banking,  tariff  taxes,  other  various  ques- 
tions of  taxation,  and  many  other  subjects,  clearly  indi- 
cate the  extensive  scope  of  his  research,  intellect,  and 
ability.  Upon  all  the  important  questions  that  came  be- 
fore the  Senate  during  his  service,  in  just  conception,  in 
thorough  study,  in  full  realization  of  the  important  and 
far-reaching  bearings,  he  was  excelled  by  none. 


[63] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

By  his  services  in  the  Senate  he  acquired  a  national 
reputation  for  statesmanship,  ability,  courage  of  convic- 
tions, and  soundness  of  judgment.  The  esteem  and  ad- 
miration entertained  for  him  were  coextensive  with  our 
National  Government.  If  he  had  lived  in  some  other 
section  of  this  country  besides  the  South  many  years  ago 
he  would  have  been  nominated  on  the  Democratic  ticket 
for  the  Presidency,  with  splendid  chances  of  success.  He 
possessed  those  qualities  of  mind,  heart,  and  will  which 
would  have  made  a  great  President — fit  company  for  the 
illustrious  Virginians  who  had  so  well  filled  this  high  and 
exalted  position.  At  the  Chicago  convention  in  1896,  so 
profound  and  extensive  was  the  esteem  and  admiration 
of  the  Democratic  Party  for  him  that  he  could  easily 
have  had  the  nomination  for  Vice  President  if  he  would 
have  accepted  it.  He  unselfishly  waved  this  honor  aside 
for  what  he  believed  was  to  the  best  interest  of  his  party. 

In  all  that  constitutes  true,  broad  statesmanship  Sen- 
ator DANIEL  was  preeminently  endowed,  and  if  Virginia 
had  been  as  potential  in  this  Nation  as  she  was  in  former 
times,  possessing  as  he  did  the  universal  confidence  and 
admiration  of  his  native  State,  he  would  have  attained 
position  as  high  and  influence  as  great  as  that  wielded  by 
the  illustrious  Virginians  in  the  early  days  of  this  Re- 
public. In  character  and  capacity  he  measured  up  to 
these  great  men. 

Mr.  President,  as  great  and  varied  as  were  these  endow- 
ments, yet  nature  had  given  him  other  gifts  richer  and 
rarer.  He  possessed  the  divine  power  of  eloquence.  He 
gave  new  graces  to  speech;  taught  new  charms  to  elo- 
quence. His  brilliant,  flashing  eyes,  his  stirring,  musical 
voice,  his  apt  and  beautiful  gestures,  his  exquisite,  expres- 
sive features,  beaming  with  fire,  intelligence,  and  genius, 
gave  him  a  charm  and  power  of  oratory  rarely  surpassed. 
He  was  equally  the  master  of  pathos  and  humor.  He  could 


[64] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 


reason  with  irresistible  logic  to  the  court  and  afterwards 
easily  draw  tears  from  the  jury  by  a  passionate  appeal. 
He  was  equally  at  home  in  the  rough  and  tumble  conflicts 
on  the  hustings  or  in  the  dignified  debates  of  the  Senate. 
He  could  deliver  a  literary  address  of  great  beauty  and 
elegance  and  afterwards  discuss  a  great  constitutional 
question  with  a  majestic  flow  of  thought  and  intellect. 
His  literary  taste  was  unexcelled;  his  illustrations  original 
and  impressive;  his  diction  pure  and  classic.  His  ad- 
dresses were  broadly  and  splendidly  conceived  and  beau- 
tifully executed. 

His  addresses  unveiling  the  Lee  monument  at  Lexing- 
ton, Va.,  and  the  Washington  Monument  in  this  city  are 
masterpieces,  and  will  be  read  and  studied  as  long  as 
eloquence  is  cherished.  These  two  orations,  in  beauty  of 
conception  and  expression,  are  equal  to  any  of  his  gen- 
eration. His  address  upon  the  Battle  of  Gettysburg  in 
vividness,  clearness,  and  eloquence  of  description  can 
not  be  surpassed.  His  addresses  upon  the  life  and  char- 
acter of  Jefferson  Davis  and  to  the  Congress  of  the 
United  States  commemorating  the  centennial  of  the 
building  of  Washington  would  alone  place  him  in  the 
first  rank  as  an  orator.  Though  his  lips  are  now  silent, 
he  will  eloquently  speak  to  generations  yet  to  come  in 
the  splendid  classical  orations  which  will  be  preserved 
as  a  part  of  the  best  specimens  of  the  eloquence  of  his 
generation. 

Mr.  President,  these  many  and  varied  brilliant  qualities 
were  combined  with  a  great  soundness  of  judgment  and 
great  political  sagacity.  Ere  he  attained  the  age  of 
40  he  became  the  acknowledged  leader  of  the  Virginia 
Democracy,  which  position  he  held  unimpaired  and  un- 
disputed until  his  death.  So  wise  was  his  counsel,  so 
sagacious  his  judgment,  that  in  all  these  years  of  leader- 
ship he  never  lost  but  one  political  battle,  and  that  was  in 

10040—11 5  [65] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

1881,  which  defeat  he  quickly  repaired,  and  from  that 
time  on  he  led  his  party  to  continuous  victories  and  tri- 
umphs. For  the  last  30  years  he  drew  nearly  every  plat- 
form of  the  Democratic  Party  of  his  State.  Thus  beneath 
his  brilliant,  shining  qualities  were  embedded  great  pru- 
dence, judgment,  and  wisdom.  These  qualities  enabled 
him  to  successfully  encounter  great  political  storms  and 
upheavals,  and  be  honored  with  the  rare  distinction  of 
being  elected  five  times  to  this  honorable  body  practically 
without  opposition. 

Mr.  President,  the  character  of  Senator  DANIEL  and  the 
natural  aspect  of  his  native  State  always  to  me  seem  to 
have  a  strange  and  striking  conformity.  Virginia  is 
largely  composed  of  rich,  fertile  fields;  large  and  broad 
plains,  decorated  with  hill  and  mountain  scenery  of  sur- 
passing beauty.  So  with  this  great  son.  He  was  en- 
dowed with  a  strong,  broad,  masculine  mind  and  heart, 
sparkling  with  the  fascinations  of  a  charming  personality 
and  glittering  with  the  coruscations  of  eloquence  and 
genius. 

Sirs,  the  greatest  of  all  English  novelists  in  his  master- 
piece, "  Vanity  Fair,"  has  truly  said : 

The  world  is  a  looking-glass  and  casts  back  to  each  man  the 
reflection  of  his  own  face;  if  he  smiles  upon  the  world,  it  smiles 
upon  him;  if  he  frowns  upon  it,  it  frowns  upon  him;  if  he  hates 
it,  it  hates  him;  if  he  loves  it,  it  loves  him. 

How  profoundly  is  this  truth  illustrated  in  the  mag- 
nificent career  of  this  distinguished  soldier,  lawyer,  states- 
man, orator,  and  leader!  He  faced  the  world  with  a 
genial,  tender  smile  and  it  received  him  with  open,  lov- 
ing arms.  He  loved  humanity  and  he  lived  and  died  the 
idol  of  his  people.  He  trusted  the  people,  and  with  im- 
plicit confidence  his  people,  with  loving  faith,  placed 
their  hands  in  his  and  followed  his  leadership  and  guid- 


[66] 


ADDRESS  OF  MR.  SWANSON,  OF  VIRGINIA 

ance.  His  people  showered  upon  him  great  honors  and 
important  trusts. 

Well  might  we  of  Virginia  feel  a  pardonable  pride  and 
a  laudable  love  and  admiration  for  our  famous  soldier 
boy,  our  eminent  lawyer,  our  illustrious  statesman,  our 
brilliant  orator,  our  sagacious  leader! 

Mr.  President,  Carlyle  in  his  splendid  essay  on  Voltaire 
has  truthfully  said : 

The  life  of  every  man  is  as  the  wellspring  of  a  stream,  whose 
small  beginnings  are,  indeed,  plain  to  all,  but  whose  ultimate 
course  and  destination  as  it  winds  through  the  expanse  of  infinite 
years  only  the  Omniscient  can  discern.  Will  it  mingle  with  the 
neighboring  rivulets  as  a  tributary,  or  receive  them  as  their  sov- 
ereign? Is  it  to  be  a  nameless  brook,  and  will  its  tiny  waters 
among  millions  of  other  brooks  and  rills  increase  the  current  of 
some  world- famed  river?  Or  is  it  to  be  itself  a  Rhine,  a  Danube, 
an  Amazon,  whose  goings  forth  are  to  the  utmost  lands,  its  floods 
an  everlasting  boundary  line  of  the  globe,  itself  the  bulwark  and 
highway  of  whole  kingdoms  and  continents? 

As  to  which  a  man's  life  shall  be,  whether  a  tiny  stream, 
giving  the  current  of  its  life  to  others,  or  a  magnificent 
river,  receiving  the  waters  of  smaller  rivulets,  depends 
largely  upon  one's  talents  and  opportunities,  but  more 
than  all  else  upon  one's  efforts,  will,  and  ambition.  Sen- 
ator DANIEL,  possessing  high  qualities  of  mind  and  splen- 
did talents,  aspiring  and  ambitious,  chose  to  make  and  did 
make  the  stream  of  his  life  as  it  ran  with  its  pure  waters 
to  the  great  eternal  ocean  a  large  and  majestic  river, 
known  far  and  wide,  fertilizing  broad  fields,  enriching 
States,  and  carrying  on  its  bosom  rich  treasure  for  his 
country  and  mankind.  It  is  by  the  lives  and  sacrifices 
of  such  men  that  States  and  nations  are  made  strong  and 
great. 


[67] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

A  poet  has  well  expressed  it : 

What  builds  a  nation's  pillars  high, 
What  makes  it  great  and  strong? 

What  makes  it  mighty  to  defy 
The  foes  that  'round  it  throng? 

Not  gold,  but  only  men  can  make 

A  nation  great  and  strong; 
Men,  who  for  truth  and  honor's  sake, 

Hold  still  and  suffer  long. 

Brave  men,  who  work  while  others  sleep, 

Who  dare  when  others  sigh; 
They  build  a  nation's  pillars  deep 

And  lift  it  to  the  sky. 


[68] 


ADDRESS  OF  MR.  MONEY,  OF  MISSISSIPPI 

Mr.  PRESIDENT:  Shakespeare  in  speaking  of  a  great 
contemporary  poet  condensed  a  volume  of  eulogy  into 
four  words — 

O  rare  Ben  Jonson. 

I  could  say  as  justly,  "  O  rare  JOHN  DANIEL."  In  ad- 
vanced thought  and  in  thorough  appreciation  of  the  in- 
tellectual development  of  the  age  he  was  among  the  first 
men  of  his  time,  but  in  certain  phases  of  character  he  was 
an  anachronism.  He  lived  in  an  age  that  is  past,  when 
to  be  a  gentleman  was  above  all  title  and  all  place.  With- 
out any  taint  of  the  commercial  spirit  of  the  age,  without 
a  disposition  to  extravagance  in  living,  it  may  be  said  of 
him  as  once  was  said  of  a  great  British  secretary — "  mod- 
ern degeneracy  had  not  reached  him." 

The  oratory  of  JOHN  DANIEL  was  of  the  ornate  sort  as  to 
the  vehicle,  and  the  ideas  it  conveyed  were  profound.  It 
was  said  of  Edmund  Burke,  whose  oratory  made  him  the 
master  of  the  British  House  at  the  age  of  34,  that  his  elo- 
quence was  always  captivating,  but  not  always  convincing. 
DANIEL  could  convince  as  well  as  charm,  and  while  the 
oratory  is  not  always  logical  it  is  well  to  remember  that 
his  great  book,  Daniel  on  Negotiable  Instruments,  is  the 
authority  at  home  and  in  English-speaking  courts  abroad, 
and  that  book  could  have  been  the  product  only  of  a 
great  logical  mind.  I  mention  him  with  Burke,  because 
to  me  they  seem  more  nearly  than  any  other  two  moderns 


[69] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

in  the  splendor  of  their  rhetoric  and  in  the  force  of  their 
ideas  to  approach  the  "  melodious  thunder  of  Tully's 
eloquence." 

DANIEL  was  a  proud  man,  without  vanity;  a  proud  man 
in  the  sense  that  he  never  forfeited  his  self-respect  by 
doing  a  mean,  a  small,  or  an  ungenerous  thing.  Respecting 
himself,  he  expected  to  receive  the  respect  of  every  man; 
and  he  was  not  disappointed.  DANIEL  never  talked  loud 
and  never  talked  about  anybody.  He  was  exceedingly 
chary  in  expressing  his  opinion  of  men,  and  while  enjoy- 
ing an  intimacy  with  him  of  which  I  am  proud,  I  never 
heard  him  speak  disparagingly  of  anyone.  When  he 
gave  an  opinion  it  was  always  in  the  most  temperate 
language. 

He  was  reserved  in  his  manner,  although  exercising 
always  the  utmost  courtesy — the  politeness  of  a  well-bred 
man  toward  everyone  who  came  in  contact  with  him, 
whether  they  were  great  or  small.  No  man  was  of 
increased  importance  on  account  of  official  position  or 
wealth  in  his  estimation.  He  was  not  disposed  to  make  a 
show  of  his  opinions,  and  much  less  of  his  emotions.  He 
was  not  a  talkative  man;  but  when  much  interested  he 
spoke  with  beauty  and  force.  Beneath  his  reserve  he  was 
a  man  of  the  warmest  affections  and  the  strongest  feelings. 

His  afflictions,  which  were  great,  were  not  generally 
known  to  the  world.  He  did  not  expose  his  misfortunes 
and  challenge  sympathy.  He  wanted  no  man's  pity,  no 
man's  commiseration.  Self-reliant,  he  received  the  shocks 
of  grief  and  the  misfortunes  that  came  to  him  with  a  com- 
posure that  was  no  index  to  the  feeling  within. 

I  doubt  if  any  man  in  this  Senate,  at  any  time,  was  ever 
more  respected  by  all,  admired  by  many,  and  most  deeply 
loved  by  a  few.  He  could  not  be  promiscuous  in  the 
relations  of  friendship;  he  treated  all  with  courtesy,  but 
few  were  admitted  into  his  heart. 

[70] 


ADDRESS  OF  MR.  MONEY,  OF  MISSISSIPPI 

The  great  State  which  her  own  citizens  love  to  call  the 
"  Old  Dominion  "  has  been  generous  in  her  gifts  to  this 
Nation  in  her  great  men  in  the  highest  standard  of  charac- 
ter, and  in  her  State  institutions.  Among  her  generous 
gifts  there  is  none  that  was  richer  than  JOHN  WARWICK 
DANIEL. 

He  may  have  been  said  to  have  had  within  himself  the 
accumulation  of  generations  of  talents.  His  father  and 
his  grandfather  were  orators,  great  lawyers,  and  judges 
of  the  supreme  court  of  Virginia.  His  grandfather's 
cousin  was  an  Associate  Justice  of  the  Supreme  Court  of 
the  United  States.  He  might  well  have  been  descended 
from  an  English  poet  laureate  of  the  sixteenth  century, 
to  whom  admiring  critics  gave  the  unique  title  of  "  Well- 
languaged  Daniel." 

His  worth  was  early  discovered,  and  he  was  called  suc- 
cessively to  the  lower  and  upper  house  of  the  Assembly 
of  Virginia,  where  he  distinguished  himself  by  his  devo- 
tion to  popular  rights  and  his  sagacious  forethought. 

When  quite  a  young  man  he  was  nominated  for  gov- 
ernor of  Virginia,  and  made  one  of  the  most  brilliant 
campaigns  in  the  history  of  that  State.  DANIEL  consid- 
ered this  a  fight  for  the  honor  of  Old  Virginia,  and  with 
his  punctilious  ideas  of  honor  he  looked  upon  the  read- 
justment of  Virginia's  debt  as  an  assault  by  a  part  of  her 
citizens  upon  her  good  name.  He  entered  the  campaign 
with  an  honorable  ambition  of  preserving  the  escutcheon 
of  his  State  from  blemish,  and  with  the  real  gaudia  cer- 
taminis  he  entered  the  fight  eager  to  end  the  quarrel  by 
"  push  of  pike  and  stroke  of  sword." 

While  he  was  defeated  yet  he  reaped  an  abundant 
reward,  for  he  was  selected,  and  forever,  as  the  popular 
hero  and  favorite  of  his  State,  to  whom  no  honor  in  the 
future  was  to  be  denied. 


[71] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Senator  DANIEL  was,  in  one  sense,  a  bookworm — a  man 
who  read  at  every  opportunity  a  busy  practical  life  per- 
mitted. He  loved  books;  they  were  his  treasures,  and  he 
found  a  charm  in  them  which  was  known  to  few  men. 
His  thorough  learning  was  acknowledged  by  two  great 
institutions,  the  Washington  and  Lee  University  and  the 
University  of  Michigan  awarding  him  the  degree  of 
doctor  of  laws. 

Soon  after  our  acquaintance  began  DANIEL  became  to 
me'a  curious  study.  He  was  unlike  anyone  else  whom  I 
knew.  The  deep  respect  I  had  for  his  character  and 
abilities  soon  ripened  into  a  warm  and  affectionate  friend- 
ship, and,  counting  many  friends  whom  I  love,  no  one 
could  be  more  sadly  missed  by  me  than  this  heroic  and 
gentle  soul. 

"After  life's  fitful  fever  he  sleeps  well,"  and  in  that 
other  and  better  place  or  condition  of  the  soul's  exist- 
ence, where  the  good  and  the  great  of  this  world  are 
associated  eternally,  there  will  be  found  JOHN  WARWICK 
DANIEL. 

Mr.  THORNTON.  Mr.  President,  I  move,  as  a  further  mark 
of  respect  to  the  memory  of  Mr.  DANIEL  and  Mr.  McEnery, 
that  the  Senate  do  now  adjourn. 

The  motion  was  unanimously  agreed  to,  and  (at  5 
o'clock  and  45  minutes  p.  m.)  the  Senate  adjourned  until 
to-morrow,  Tuesday,  February  21,  1911,  at  12  o'clock 
meridian. 


[72] 


PROCEEDINGS  IN  THE  HOUSE 

DECEMBER  5,  1910. 

Mr.  JONES.  Mr.  Speaker,  I  offer  the  following  resolutions. 
The  SPEAKER.  The  gentleman  from  Virginia  offers  the 
following  resolutions,  which  the  Clerk  will  report. 
The  Clerk  read  as  follows : 

Resolved,  That  the  House  has  heard  with  profound  sorrow  of 
the  death  of  Hon.  JOHN  WARWICK  DANIEL,  late  a  Senator  of  the 
United  States  from  the  State  of  Virginia. 

Resolved,  That  the  Clerk  communicate  these  resolutions  to  the 
Senate,  and  transmit  a  copy  thereof  to  the  family  of  the  deceased 
Senator. 

The  resolutions  were  agreed  to. 

Mr.  RANSDELL  of  Louisiana.  Mr.  Speaker,  I  offer  the 
following  resolution. 

The  SPEAKER.  The  gentleman  from  Louisiana  offers  a 
resolution,  which  the  Clerk  will  report. 

The  Clerk  read  as  follows : 

Resolved,  That  as  a  further  mark  of  respect  to  the  memory  of 
the  deceased  Senators  and  Representatives  the  House  do  now 
adjourn. 

The  resolution  was  agreed  to.  Accordingly  (at  12 
o'clock  and  49  minutes  p.  m.),  the  House  adjourned  until 
12  o'clock  noon  to-morrow. 


[73] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 


FRIDAY,  June  9,  1911. 

Mr.  FLOOD  of  Virginia.  Mr.  Speaker,  I  ask  unanimous 
consent  for  the  present  consideration  of  the  order  which 
I  send  to  the  Clerk's  desk  and  ask  to  have  read. 

The  SPEAKER.  The  gentleman  from  Virginia  asks  unani- 
mous consent  for  the  present  consideration  of  the  order 
which  the  Clerk  will  read. 

The  Clerk  read  as  follows : 

Ordered,  That  Saturday,  the  24th  day  of  June,  1911,  at  12  o'clock 
noon,  be  set  apart  for  addresses  on  the  life,  character,  and  public 
services  of  Hon.  JOHN  WARWICK  DANIEL,  late  a  Senator  from  the 
State  of  Virginia. 

The  SPEAKER.  Is  there  objection?  [After  a  pause.]  The 
Chair  hears  none,  and  it  is  so  ordered. 


SATURDAY,  Jane  24,  1911. 
The  House  met  at  12  o'clock  noon. 

The  Chaplain,  Rev.  Henry  N.  Couden,  D.  D.,  offered  the 
following  prayer : 

Eternal  God,  our  heavenly  Father,  above  all,  through 
all,  and  in  all,  to  quicken,  to  inspire,  to  guide,  amid  the 
conflicting  elements,  the  profound  problems,  the  strenu- 
ous duties  which  appeal  to  every  serious,  strong-minded, 
noble-hearted  man,  we  thank  Thee  for  the  special  order 
of  the  day  in  memory  of  such  a  man  who  met  life  and  its 
problems  with  the  courage  and  fortitude  of  a  great  soul 
and  distinguished  himself  wherever  he  was  called  to 
serve — on  the  field  of  battle,  at  the  bar  of  justice,  in  the 
legislative  halls  of  State  and  Nation.  Quick  to  perceive, 


[74] 


PROCEEDINGS  IN  THE  HOUSE 


clear  of  judgment,  wise  in  counsel,  strong  in  action,  elo- 
quent of  speech,  a  leader  of  men;  patient,  gentle,  easy  of 
approach,  a  friend  of  the  friendless,  a  follower  of  the 
King  of  men;  respected,  honored,  loved  by  all  who  knew 
him;  called  from  a  life  of  usefulness  with  a  character  full 
rounded  out,  a  passport  to  the  realms  of  eternal  life;  we 
thank  Thee  for  what  he  was  and  for  what  he  did,  and  we 
pray  that  his  example  may  inspire  us  and  those  who  shall 
come  after  us  to  earnest  endeavor  and  purity  of  purpose. 
Be  graciously  near  to  all  who  mourn  him,  especially  the 
bereaved  wife  and  children,  to  uphold,  sustain,  and  com- 
fort them  in  the  blessed  promises  of  the  gospel.  And 
glory  and  honor  and  praise  be  Thine  forever,  through 
Jesus  Christ  our  Lord.  Amen. 

The  SPEAKER.  The  Clerk  will  report  the  special  order 
of  the  day. 

The  Clerk  read  as  follows : 

On  motion  by  Mr.  FLOOD  of  Virginia,  by  unanimous  consent, 
Ordered,  That  Saturday,  the  24th  day  of  June,  1911,  at  12  o'clock 
noon,  be  set  apart  for  addresses  on  the  life,  character,  and  public 
services  of  Hon.  JOHN  WARWICK  DANIEL,  late  a  Senator  from  the 
State  of  Virginia. 

The  SPEAKER.  The  gentleman  from  Virginia  [Mr.  Flood] 
will  please  take  the  chair. 

Mr.  FLOOD  of  Virginia  assumed  the  chair  as  Speaker  pro 
tempore. 

Mr.  JONES.  Mr.  Speaker,  I  ask  for  the  adoption  of  the 
resolution  which  I  send  to  the  Clerk's  desk  and  ask  to  have 
read. 

The  Clerk  read  as  follows: 

Resolved,  That  the  business  of  the  House  be  now  suspended 
that  opportunity  may  be  given  for  the  tribute  to  the  memory  of 
Hon.  JOHN  W.  DANIEL,  late  a  Senator  from  the  State  of  Virginia. 


[75] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Resolved,  That  as  a  further  mark  of  respect  to  the  memory  of 
the  deceased,  and  in  recognition  of  his  eminent  ability  and  illus- 
trious public  services,  the  House,  at  the  conclusion  of  these  memo- 
rial services,  shall  adjourn. 

Resolved,  That  the  Clerk  communicate  these  resolutions  to  the 
Senate. 

Resolved,  That  the  Clerk  be  instructed  to  send  a  copy  of  these 
resolutions  to  the  family  of  the  deceased. 

The  SPEAKER  pro  tempore.  The  question  is  on  agreeing 
to  the  resolutions. 

The  question  was  taken,  and  the  resolutions  were 
agreed  to. 


[76] 


MEMORIAL  ADDRESSES 


ADDRESS  OF  MR.  JONES,  OF  VIRGINIA 

Mr.  SPEAKER  :  In  the  death  of  JOHN  WARWICK  DANIEL  the 
Commonwealth  of  Virginia  has  lost  her  most  beloved  as 
well  as  her  most  eminent  citizen,  the  Senate  of  the  United 
States  one  of  its  most  honored  and  distinguished  Mem- 
bers, the  South  a  loyal  and  devoted  son,  and  the  country 
at  large  a  statesman  whose  patriotic  endeavors  were 
neither  circumscribed  by  party  lines  nor  confined  to  any 
section  of  the  American  Republic. 

We  are  met  to-day  for  the  purpose  of  paying  sincere 
tribute  to  the  memory  and  fame  of  this  great  Virginian. 

Although  I  enjoyed  for  many  years  the  high  privilege 
of  his  personal  acquaintance  and  friendship  and  was  asso- 
ciated with  him  more  or  less  intimately  in  the  discharge 
of  those  political  and  public  functions  in  which  we  had 
a  like  interest,  and  although  in  common  with  every  other 
Virginian  I  feel  the  keenest  pride  in  his  brilliant  career 
and  stainless  life,  I  am  not  unmindful  of  my  inability  to 
do  justice  to  a  subject  so  well  worthy  the  loftiest  expres- 
sions of  praise  and  eulogy.  For  this  reason  I  shall  only 
attempt  a  brief  sketch,  a  bare  outline,  of  a  life  which  is 
destined  to  fill  many  of  the  brightest  pages  of  the  history 
of  a  State  which  has  given  to  the  world  so  many  preemi- 
nently great  and  noble  men.  To  those  who  shall  follow 

[77] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

me  I  shall  leave  the  pleasing  task  of  portraying  his  char- 
acter and  recounting  his  achievements. 

For  more  than  40  years,  many  of  them  the  most  event- 
ful in  its  history,  Senator  DANIEL  was  a  conspicuous  figure 
in  the  life  of  Virginia.  For  more  than  half  of  this  period 
he  occupied  a  seat  in  the  Senate  of  the  United  States, 
where  he  served  his  State  and  country  with  singular 
ability  and  won  for  himself  great  distinction  and  endur- 
ing fame. 

He  was  born  in  Lynchburg,  Va.,  on  the  5th  day  of  Sep- 
tember, 1842,  and  there,  after  an  illness  which  covered 
many  sad  and  weary  months,  he  entered  into  the  Great 
Beyond  on  the  evening  of  the  29th  of  June,  1910.  His 
biographers  tell  us  he  came  of  a  family  greatly  distin- 
guished in  the  annals  of  Virginia,  and  this  is  easy  of 
belief  for  those  of  us  who  were  so  fortunate  as  to  be 
brought  into  personal  contact  with  him,  and  who  were 
thus  afforded  the  opportunity  to  observe  his  innate  refine- 
ment, his  charming  manners,  and  his  courtly  and  digni- 
fied bearing.  His  father,  William  Daniel,  jr.,  sat  for 
many  years  upon  the  bench  of  the  Supreme  Court  of 
Appeals  of  Virginia,  and  enjoys  the  reputation  of  having 
been  a  just,  learned,  and  incorruptible  judge.  His  grand- 
father, William  Daniel,  sr.,  was  also  a  jurist  of  high  char- 
acter and  enviable  repute,  so  that  Senator  DANIEL  may  be 
said  to  have  been  born  to  the  profession  of  which,  in  after 
life,  he  was  so  eminent  a  member  and  which  he  so  con- 
spicuously adorned. 

His  education  was  received  at  the  private  schools  of 
Lynchburg,  at  Lynchburg  College,  and  at  the  famous 
university  school  so  long  conducted  by  that  distinguished 
educator,  Prof.  Gessner  Harrison. 

He  was  but  18  and  yet  at  school  when  the  tocsin  of  war 
between  the  States  was  sounded.  Instantly  he  laid  down 
his  studies,  and  promptly — yea,  even  joyously — he 

[78] 


ADDRESS  OF  MR.  JONES,  OF  VIRGINIA 


enlisted  as  a  private  soldier  in  a  cavalry  company  raised 
and  organized  in  Lynchburg.  This  command  had  seen 
no  service  in  the  field  when  young  DANIEL  received  a 
second  lieutenant's  commission  from  the  governor  of  Vir- 
ginia and  was  assigned  to  the  Twenty-seventh  Virginia 
Infantry  Regiment,  of  which  he  subsequently  became  the 
adjutant,  and  with  which  he  served  with  distinction  in 
the  first  battle  of  Manassas.  In  this,  the  first  of  the  many 
bloody  conflicts  in  which  he  participated,  he  received 
three  wounds,  one  of  which  came  dangerously  near  to 
permanently  disabling  him,  although  such  was  his 
intrepid  spirit  lhat  only  a  short  period  elapsed  before  he 
was  again  with  his  command  and  at  the  front. 

Having  been  elected  adjutant  of  the  Eleventh  Virginia 
Regiment  of  Infantry,  he  served  with  this  command  until 
March,  1863,  participating  in  all  the  bloody  conflicts  in 
which  up  to  that  time  it  was  engaged.  At  Boonsboro,  in 
September,  1862,  he  was  again  wounded  and  temporarily 
disabled,  but  so  wonderful  were  his  recuperative  powers 
and  youthful  vigor  that  within  90  days  he  again  reported 
for  duty  on  the  firing  line. 

At  the  conclusion  of  his  service  with  this  command  he 
was  commissioned  adjutant  general  and  assigned  to  duty 
upon  the  staff  of  Gen.  Jubal  A.  Early,  where  he  served 
with  conspicuous  gallantry  and  marked  efficiency  until, 
on  May  5, 1864,  at  the  Battle  of  the  Wilderness,  he  received 
the  cruel  wound  which  left  him  a  cripple  for  life,  and  on 
account  of  which,  in  after  years,  in  love  and  admiration, 
his  people  conferred  upon  him  the  proud  title  of  the 
"  Lame  Lion  of  Lynchburg." 

The  war  over,  this  maimed  and  battle-scarred  young 
hero,  with  unshaken  courage  and  undaunted  spirit,  began 
his  preparation  for  the  battle  of  life — that  stern  conflict 
in  which  he  was  destined  to  win  great  civic  victories — by 
entering  the  law  school  of  the  University  of  Virginia. 

[79] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Having  completed  his  law  course  at  this  famous  institu- 
tion of  learning,  he  at  once  began  the  practice  of  the 
profession  in  which  he  rose  rapidly  to  distinction. 

Others  have  spoken  elsewhere,  and  others  still  will 
speak  here,  of  his  brilliant  career  as  a  lawyer.  I  may 
only  say  that  his  forensic  triumphs  were  many  and  great, 
that  he  was  not  only  distinguished  as  a  practitioner  of 
the  law,  but  that  he  contributed  abundantly  to  the  juris- 
prudence of  his  country.  His  book,  "  Daniel  on  Nego- 
tiable Instruments,"  is  justly  regarded  by  the  legal  pro- 
fession as  a  work  of  great  merit  and  recognized  authority, 
and  had  he  bequeathed  to  posterity  no  other  evidence  of 
his  high  legal  attainments,  his  reputation  as  a  lawyer 
would  rest  secure  upon  this  single  production  of  his  great 
brain. 

But  great  lawyer  as  Senator  DANIEL  unquestionably  was, 
he  will  be  remembered  chiefly  by  the  people  of  his  State  as 
an  orator  who  was  without  a  rival  in  his  day  and  genera- 
tion. He  loved  his  profession  and  never  wholly  withdrew 
from  its  practice,  although  early  in  his  career  he  seems  to 
have  realized  that  it  was  too  narrow  a  field  for  the  display 
of  his  great  and  varied  mental  powers. 

Moreover,  he  had  scarcely  begun  the  practice  of  the  law 
when  it  became  apparent  to  him  that  the  State  for  which 
he  had  so  often  risked  his  life  upon  the  battle  field  again 
stood  in  need  of  his  services.  As  a  result  of  the  war 
many  of  her  civil  institutions  had  been  swept  away,  and 
now  her  very  civilization  was  seriously  threatened.  To 
rescue  that  civilization  from  the  perils  with  which  it  was 
beset,  the  corrupt  and  deadly  influences  by  which  it  was 
surrounded,  and  to  restore  to  the  real  people  of  Virginia 
the  instrumentalities  of  civil  government  and  the  guar- 
anties of  peace  and  social  order  was  the  herculean  task 
to  which  young  DANIEL,  and  the  noble  band  of  devoted 
men  with  whom  he  was  associated,  resolutely  and  cou- 


[80] 


ADDRESS  OF  MR.  JONES,  OF  VIRGINIA 


rageously  addressed  themselves.  In  the  memorable 
struggle  which  followed,  a  contest  between  virtue  and 
intelligence  upon  the  one  side  and  vice  and  ignorance 
upon  the  other,  the  soul-stirring  eloquence  of  JOHN  W. 
DANIEL  was  heard  from  the  mountains  to  the  sea.  And 
thus  early  he  entered  upon  that  splendid  political  career 
which  continued  for  more  than  40  years,  and  which  was 
only  terminated  when  he  was  smitten  by  the  hand  of 
death. 

Commencing  in  1869,  he  faithfully  served  the  people 
of  the  city  of  Lynchburg  and  of  Campbell  County  in  the 
State  legislature,  at  first  in  the  house  of  delegates  and 
afterwards  in  the  senate,  for  a  period  of  10  years. 

In  the  year  of  1881  he  became  the  candidate  of  the 
Democratic  Party  for  the  governorship  of  Virginia.  His 
opponent  was  the  erudite  and  accomplished  William  E. 
Cameron,  who,  like  himself,  had  behind  his  candidacy  a 
brilliant  record  as  a  Confederate  soldier.  The  overshad- 
owing issue  was  one  that  related  to  the  settlement  of  the 
State's  public  indebtedness.  Cameron  was  the  nominee 
of  what  was  then  known  as  the  readjuster  party.  The 
campaign  which  followed  was  a  memorable  one,  perhaps 
the  most  memorable  in  the  political  annals  of  the  State, 
but  from  the  outset  the  result  was  a  foregone  conclusion. 

This  was  the  only  defeat,  if  defeat  it  may  really  be  said 
to  have  been,  which  JOHN  W.  DANIEL  ever  sustained  at 
the  hands  of  the  people  of  Virginia.  He  came  out  of  the 
contest  the  idol  of  his  party.  Henceforth  he  was  without 
a  rival  in  its  affections. 

Three  years  later  he  was  elected  to  membership  in  this 
body  from  the  Lynchburg  district,  but  before  he  had 
completed  his  term  of  service  he  was  chosen  for  the  seat 
in  the  United  States  Senate,  which  he  continued  uninter- 
ruptedly to  occupy  up  to  his  death. 


1004°— 11 6  [gl] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

The  actual  senatorial  service  of  this  great  patriot  and 
statesman  covered  a  period  of  more  than  23  years,  but  he 
had  been  reelected  to  succeed  himself  for  still  another 
term,  and  so  firmly  enthroned  was  he  in  the  hearts  of  the 
people  of  Virginia  that  it  was  quite  universally  conceded 
that  the  exalted  position  which  he  had  so  long  adorned 
was  to  be  his  until  his  life's  end. 

The  length  of  the  service  in  the  Senate  of  the  United 
States  of  no  other  Virginian  ever  approached  that  of 
JOHN  W.  DANIEL.  In  the  earlier  days  of  the  Republic 
Richard  Henry  Lee,  James  Monroe,  and  John  Randolph 
of  Roanoke,  had  represented  the  "  Mother  of  States  and 
of  statesmen  "  in  that  great  body,  and  later  on  their  places 
had  been  taken  and  long  occupied  by  James  M.  Mason 
and  R.  M.  T.  Hunter,  but  no  one  of  these  greatly  honored 
and  justly  distinguished  Virginians  served  for  half  so 
long  a  period  as  the  six  terms  for  which  JOHN  W.  DANIEL 
was  successively  chosen.  This  fact  strongly  attests  the 
extent  to  which  the  confidence  of  the  people  of  Virginia 
was  reposed  in  him.  That  by  no  word  or  deed  of  his  was 
that  confidence  ever  for  one  moment  shaken  is  a  tribute 
as  great  as  it  is  rare  to  the  high  efficiency  of  the  public 
services,  the  purity  of  the  patriotism,  and  the  sublimity 
of  the  character  of  this  splendid  specimen  of  superb  man- 
hood. 

His  achievements  in  the  world  of  politics  were  phe- 
nomenal. A  mere  recital  of  the  many  honors  which  a 
grateful  people  have  heaped  upon  him  show  that  not 
since  the  early  days  of  the  Republic  has  any  other  Vir- 
ginian been  so  distinguished  by  public  and  political  pre- 
ferment. His  brilliant  career  has  been  absolutely  unique 
in  the  recent  political  history  of  Virginia.  And  yet,  to 
his  everlasting  honor  be  it  said,  these  distinctions  and 
honors  came  to  him  as  the  well-earned  rewards  of  splen- 
did services  rendered  his  State  and  country  both  in  war 


[82] 


ADDRESS  OF  MR.  JONES,  OF  VIRGINIA 


and  in  peace,  and  in  no  single  instance  as  the  result 
of  astute  political  manipulation  and  management.  His 
steady  and  continuous  advancement  into  public  favor  was 
due  to  no  factitious  circumstances.  The  love  and  esteem 
of  a  great  and  noble  people  can  only  be  won  and  perma- 
nently retained  by  those  whose  lives  and  deeds  have  been 
such  as  to  merit  popular  favor  and  to  deserve  a  people's 
trust  and  confidence. 

From  the  first  hour  of  his  public  service  to  the  last 
moment  of  his  life  the  great  powers  of  Senator  DANIEL'S 
superb  intellect  were  consecrated  to  his  country.  He  died 
as  he  had  lived,  in  the  full  and  perfect  enjoyment  of  the 
love  and  confidence  of  the  whole  people  of  a  great  State, 
to  the  preservation  of  whose  civil  and  political  institu- 
tions and  the  advancement  of  whose  highest  and  best 
interests  he  had  dedicated  the  noblest  endeavors  of  mind 
and  of  body.  His  precious  memory  will  live  long  in  the 
hearts  of  the  people  of  Virginia,  and  his  great  and  good 
deeds  will  ever  remain  a  rich  heritage  to  his  descendants 
and  his  country. 


[83] 


ADDRESS  OF  MR.  RANSDELL,  OF  LOUISIANA 

Mr.  SPEAKER:  I  had  the  pleasure  of  only  a  slight  ac- 
quaintance with  Senator  DANIEL.  We  lived  at  the  same 
hotel,  and  while  I  saw  him  frequently  I  rarely  had  an  op- 
portunity to  converse  with  him.  He  was  one  of  the  most 
courtly,  accomplished  gentlemen  I  ever  had  the  pleasure 
of  meeting.  He  had  a  wonderful  charm  in  conversation, 
and  drew  men  to  him  in  ordinary  social  intercourse  by 
the  same  spell  of  magnetism  with  which  he  swayed  the 
largest  audiences.  The  characteristic  that  appealed  most 
to  me  in  this  gentleman  was  the  simplicity  and  natural- 
ness of  his  manners,  his  earnestness,  and  the  apparent 
goodness  of  his  heart.  It  seemed  to  me,  Mr.  Speaker,  that 
his  good  heart  shone  out  of  his  eyes  as  strongly  as  I  ever 
knew  it  to  shine  in  any  human  countenance. 

An  incident  was  related  to  me  not  long  ago  by  one  of 
his  friends,  a  man  who  loved  him,  that  shows  I  was  not 
wrong  in  this  estimate  of  his  goodness.  Senator  DANIEL 
once  had  a  negro  servant  named  Peter  White,  who  was 
taken  very  sick  some  time  after  leaving  his  service.  The 
Senator  found  it  out  accidentally,  called  on  Peter,  and 
saw  that  every  attention  and  comfort  was  given  to  him. 
He  called  not  once  but  several  times  on  this  poor  colored 
man,  and  in  doing  so  had  to  climb  a  steep  flight  of  stairs. 
When  you  bear  in  mind  that  he  was  a  cripple  and  always 
went  on  crutches  it  is  apparent  how  much  it  meant  to 
him  to  visit  a  poor  sick  man  under  those  circumstances. 

Mr.  Speaker,  we  love  and  honor  this  great  man  for  his 
splendid  qualities  as  soldier,  orator,  law  writer,  states- 
man, but  to  my  mind  he  never  did  a  nobler  thing  nor  one 

[84] 


ADDRESS  OF  MR.  RANSDELL,  OF  LOUISIANA 

which  reflects  greater  credit  upon  his  memory  than  the 
attention  shown  by  him  in  his  quiet,  unobtrusive  way  to 
that  poor  servant.  That  was  the  act  of  a  true  man;  that 
act  showed  the  heart;  and  I  repeat,  sir,  it  was  better  than 
all  his  other  great  deeds. 

I  had  the  pleasure  of  hearing  only  one  of  Senator 
DANIEL'S  orations.  It  was  delivered  in  this  Hall  about 
eight  years  ago  on  the  occasion  of  the  celebration  of  the 
one  hundredth  anniversary  of  the  removal  of  this  Capital 
to  this  city.  The  President  and  his  Cabinet  were  here, 
the  members  of  the  Supreme  Court,  all  the  foreign  lega- 
tions, the  Senate  and  the  House  of  Representatives,  and 
the  galleries  were  packed  to  their  very  limit.  I  never 
saw  a  more  distinguished  audience.  There  were  a  num- 
ber of  speakers  and  the  program  was  very  long.  When 
Senator  DANIEL  arose  it  was  about  5  o'clock,  and  he  held 
that  great  audience  spellbound  for  nearly  an  hour.  His 
address  was  carefully  prepared  and  read  from  manu- 
script, but  he  delivered  it  so  gracefully,  with  such  a  pleas- 
ing elocution,  that  I  doubt  if  the  average  person  knew 
that  he  was  referring  to  notes.  To  me,  sir,  that  was  the 
most  marvelous  oration  to  which  I  ever  listened;  and 
when  he  finished,  the  greatest  tribute  of  praise  that  I  ever 
heard  given  by  one  man  to  another  was  paid  to  Senator 
DANIEL  by  the  late  Senator  Hoar,  of  Massachusetts.  It 
was  about  6  o'clock  when  Senator  DANIEL'S  address  con- 
cluded. Many  in  that  vast  audience  had  engagements, 
and  fully  one-half  of  them  arose  and  left  the  room.  Sen- 
ator Hoar  advanced  to  the  front  of  the  platform,  folded 
his  arms,  and  stood  looking  on  them  as  they  filed  out  of 
the  room.  When  the  last  one  had  gone,  leaving  about 
one-half  of  the  audience  present,  he  said,  in  his  sweet, 
mellow  tones,  "  Unhappy  is  he  who  cometh  after  a  king." 

Mr.  Speaker,  that  was  a  beautiful  tribute,  and  a  truth- 
ful one,  for  he  was  to  follow  a  great  king  of  oratory.  A 


[85] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

wonderful  oration  had  been  delivered  by  Senator  DANIEL 
and  no  one  appreciated  it  better  than  Senator  Hoar,  him- 
self a  fine  speaker. 

The  last  votes  cast  by  Senator  DANIEL  in  the  Hall  of  the 
Senate  were  during  the  discussions  on  the  Payne-Aldrich 
tariff  bill  two  years  ago.  There  was  no  stancher  Demo- 
crat in  the  Union  than  JOHN  W.  DANIEL.  He  voted  against 
that  bill  as  a  whole,  because  he  believed  it  unjust  in  many 
respects;  but  when  the  question  of  a  duty  upon  lumber 
was  presented,  in  preparing  the  different  schedules,  he, 
along  with  the  majority  of  his  colleagues  on  the  Demo- 
cratic side,  voted  in  favor  of  it.  He  believed  such  a  vote 
necessary  to  place  that  great  product  of  the  South  on  a 
par  with  many  other  articles  which  were  then  being  legis- 
lated upon,  and  he  thought  that  free  lumber  in  such  a  bill 
as  that  would  be  a  most  unfair  discrimination  against  the 
South. 

Mr.  Speaker,  I,  in  common  with  a  number  of  other  good 
Democrats  in  this  Chamber,  had  cast  a  similar  vote  when 
that  question  was  before  us.  And  I  assure  you,  sir,  that 
I  was  a  happy  man  when  I  saw  the  great  DANIEL  and 
many  other  of  our  honored  leaders  in  the  Senate  take  the 
same  position  there  which  many  of  us  had  taken  here. 

Senator  DANIEL  was  a  success  in  every  walk  of  life. 
He  gained  renown  as  a  soldier  before  he  was  20  years  of 
age.  Starting  as  a  private,  he  became  a  major  before  he 
was  20,  and  doubtless  would  have  risen  much  higher  had 
not  an  unfortunate  bullet  at  the  Battle  of  the  Wilderness 
given  him  an  awful  wound,  that  caused  him  to  go  on 
crutches  the  remainder  of  his  life.  He  was  one  of  the 
best  lawyers  the  State  of  Virginia  ever  produced.  He 
was  a  great  law  writer.  His  book  on  "  Negotiable  Instru- 
ments "  made  DANIEL  known  and  honored  by  thousands 
of  young  lawyers  all  over  the  country  before  they  ever 
heard  of  JOHN  W.  DANIEL  the  orator,  the  Senator,  and  the 


[86] 


ADDRESS  OF  MR.  RANSDELL,  OF  LOUISIANA 

statesman.  And  this  great  work  will  extend  his  fame  for 
ages. 

His  record  as  a  statesman  is  one  that  his  country  will 
ever  recall  with  pride.  As  an  orator  he  occupies  the  very 
front  rank  of  American  public  speakers.  I  doubt  if  any 
man  in  our  history  since  the  days  of  the  immortal  trium- 
virate— Calhoun,  Clay,  and  Webster — was  his  superior 
as  an  orator. 

Mr.  Speaker,  this  great  man  was  loved  and  honored 
throughout  the  Republic.  His  memory  is  a  precious  heri- 
tage not  only  to  Virginia  but  to  the  entire  country.  I 
think,  sir,  that  we  may  well  say  of  him,  paraphrasing 
somewhat  the  famous  aphorism  about  Washington,  that 
JOHN  W.  DANIEL  was  brave  in  battle,  great  in  every  art  of 
peace,  and  loved  by  all  his  countrymen. 


[87] 


ADDRESS  OF  MR.  CLARK,  OF  MISSOURI 

Mr.  SPEAKER:  From  the  beginning  Virginia  has  been 
rich  in  great  men — great  statesmen,  great  orators,  great 
jurists,  great  soldiers.  So  long  as  the  world  exists  the 
names  of  her  illustrious  sons  will  be  among  the  noblest 
on  fame's  eternal  beadroll. 

Patrick  Henry  precipitated  the  Revolution;  Thomas 
Jefferson  penned  the  Declaration;  George  Washington 
made  that  Declaration  good  on  Yorktown's  blood-stained 
heights;  James  Madison  was  "father  of  the  Constitution"; 
and  John  Marshall  its  chief  expounder.  Her  bill  of  rights, 
written  by  George  Mason,  has  been  considered  a  model 
for  more  than  a  century  and  a  quarter.  These  were  fol- 
lowed by  a  long  line  of  men,  distinguished  in  peace  and 
in  war,  whose  records  are  among  the  precious  treasures 
of  the  Republic. 

JOHN  WARWICK  DANIEL  ranks  high  among  Virginia's 
worthies.  So  far  as  the  public  is  concerned,  he  appeared 
in  a  fourfold  character — soldier,  lawyer,  author,  orator. 
The  universal  testimony  of  his  companions  in  arms  is 
that  he  was  a  fine  soldier.  His  brethren  of  the  Virginia 
bar  bear  witness  that  he  was  a  successful  practitioner  of 
the  noblest  of  professions.  Lawyers  and  courts  every- 
where cite  his  law  books  as  standard  authorities.  All  the 
world  knows  that  he  was  one  of  the  foremost  orators  of 
his  time,  and  it  is  his  oratory  more  than  anything  else  or 
all  things  else  which  will  perpetuate  his  fame  to  coming 
generations.  He  was  richly  blessed  with  the  divine  gift 
of  moving  men's  minds  and  hearts  by  the  power  of  spoken 
words.  He  was  lavishly  endowed  by  nature  with  the  ele- 
ments and  qualities  which  constitute  an  orator.  Some 

[88] 


ADDRESS  OF  MR.  CLARK,  OF  MISSOURI 


men  are  so  ugly  and  ungainly  that  it  is  a  positive  advan- 
tage to  them  as  public  speakers  by  reason  of  the  pleasur- 
able surprise  which  their  eloquence  creates.  Others  are 
so  handsome  and  prepossessing  that  they  win  the  hearts 
of  their  audience  before  they  have  opened  their  lips.  To 
the  latter  category  JOHN  WARWICK  DANIEL  undoubtedly 
belonged.  Of  commanding  presence,  with  a  handsome 
and  leonine  countenance,  courtly  manners,  a  musical 
voice  of  great  compass  and  far-reaching  quality,  a  strong 
and  well-trained  mind,  a  warm  and  generous  heart,  a 
vivid  imagination,  he  presented  a  superb  picture  to  the 
eye  and  appealed  with  compelling  force  to  the  passions 
and  emotions  of  all  who  heard  him.  He  possessed  the 
advantages  of  high  family  connections  and  of  a  collegiate 
education,  to  which  was  added  the  glamour  of  martial 
fame,  achieved  in  his  early  manhood  on  many  a  bloody 
field.  An  Englishman  dearly  loves  a  lord  and  the  average 
American  dearly  loves  a  soldier,  and  it  can  not  be  doubted 
that  Senator  DANIEL'S  military  record  aided  him  mate- 
rially in  his  political  battles.  This  is  attested  by  the  fact 
that  Virginians  fondly  called  him  "  the  Lame  Lion  of 
Lynchburg" — most  assuredly  a  helpful  and  fortunate 
sobriquet.  For  a  generation  he  was  the  idol  of  his  native 
State,  and  it  was  agreed  by  common  consent  that  he 
should  remain  in  the  Senate  so  long  as  he  lived,  which  he 
did.  His  reelection  every  six  years  was  a  mere  formality 
to  comply  with  the  Constitution  and  the  statutes  of  the 
land. 

Virginia's  great  lyric  orator,  Patrick  Henry,  was  dubbed 
"  The  forest-born  Demosthenes."  JOHN  WARWICK  DANIEL 
may  be  not  inaptly  denominated  Virginia's  Cicero. 
Henry's  fame  rests  almost  entirely  on  tradition;  but 
DANIEL'S  is  bottomed  on  the  words  which  he  actually 
spoke.  The  greatest  of  his  orations  is  that  on  Gen.  Robert 
E.  Lee,  which  would  have  aroused  envy  in  the  bosom  of 

[89] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Tully  himself.  DANIEL'S  masterful  oration  recalls  and 
illustrates  what  Daniel  Webster  said  of  eloquence  in  his 
oration  on  John  Adams  and  Thomas  Jefferson: 

It  must  exist  in  the  man,  in  the  subject,  and  in  the  occasion. 
Affected  passion,  intense  expression,  the  pomp  of  declamation,  all 
may  aspire  to  it;  they  can  not  reach  it.  It  comes,  if  it  come  at 
all,  like  the  outbreaking  of  a  fountain  from  the  earth  or  the  burst- 
ing forth  of  volcanic  fires,  with  spontaneous,  original,  native 
force. 

Webster  was  a  great  orator;  he  had  a  great  subject  on 
a  great  occasion,  and  he  delivered  a  great  oration. 
DANIEL  was  a  great  orator;  he  had  a  great  subject  on  a 
great  occasion,  and  he  delivered  a  great  oration — one 
which  will  be  read  with  delight  so  long  as  our  language 
is  spoken  by  the  children  of  men. 

There  was  once  a  man  named  Hamilton,  in  the  British 
Parliament,  who  delivered  one  splendid  speech  and  could 
never  be  induced  to  make  another  speech.  Hence  he  was 
nicknamed  "  Single-speech "  Hamilton.  Such  was  not 
the  case  with  Senator  DANIEL.  He  delivered  many  excel- 
lent speeches,  several  fine  orations,  but  I  give  it  as  my 
literary  opinion,  for  what  it  is  worth,  that  his  oration 
over  Lee  is  the  one  by  which  he  will  be  remembered,  and 
by  which  he  would  choose  to  be  remembered. 

His  theme  was  his  old  commander,  one  of  the  greatest 
of  English-speaking  captains;  the  occasion  was  the  un- 
veiling of  the  recumbent  statue  of  that  famous  soldier, 
one  of  the  most  beautiful  statues  ever  fashioned  by  sculp- 
tor's chisel;  the  scene,  Lexington,  Va.,  gem  of  the  moun- 
tains, one  of  the  loveliest  spots  betwixt  the  two  seas, 
where  Stonewall  Jackson  taught  and  prayed,  and  whence 
he  went  forth  to  win  world-wide  and  imperishable 
renown.  DANIEL'S  heart  was  in  that  oration.  In  it  he 
will  live;  through  it  he  will  speak  to  his  countrymen  for- 
ever. 


[90] 


ADDRESS  OF  MR.  RICHARDSON,  OF  ALABAMA 

Mr.  SPEAKER:  It  is  with  instinctive  hesitancy  that  I 
approach  the  presentation  of  the  life  and  character  of 
such  a  man  as  Senator  JOHN  W.  DANIEL.  I  realize,  Mr. 
Speaker,  that  I  am  in  the  presence  of  the  life  record  of 
a  great  and  noble  man.  Born  to  a  proud  name,  reared 
under  splendid  influences,  of  superb  presence,  of  brilliant 
mind  and  extensive  education,  the  record  of  preferment 
of  JOHN  W.  DANIEL  by  the  people  of  Virginia  marks  a 
popularity  that  we  find  rarely  equaled  and  never  sur- 
passed in  this  country.  It  is  a  difficult  task,  Mr.  Speaker, 
to  take  up  the  record  of  such  a  life  on  an  occasion  like 
this  and  select  its  choicest  flowers  and  present  them  to  his 
admiring  countrymen.  In  such  a  brilliant,  useful  life  as 
that  of  Senator  DANIEL  we  find  along  its  pathway  the 
blooming  flowers  of  the  sweetest  charities  of  life,  the 
gentlest  graces  of  a  chivalrous  manhood,  and  a  friend- 
ship and  love  for  his  fellow  man  that  made  for  him  a  con- 
stantly increasing  circle  of  friends.  In  his  life,  as  I  knew 
him,  there  shone  in  his  character  and  permeated  his  life, 
as  the  soft  rays  of  the  setting  sun  rest  upon  a  beautiful 
landscape,  the  inspiration  of  poesy  that  gives  charm  to 
intellect  and  beauty  to  life. 

He  stood  nearer  to  that  true  type  of  the  southern  man 
that  linked  the  heroic  age  of  the  South  prior  to  the  Civil 
War  with  the  changed  conditions  and  ruling  spirit  of  the 
people  that  prevailed  after  the  conflict  than  any  man 
I  knew. 

On  the  outbreak  of  the  Civil  War,  Senator  DANIEL  left 
his  studies  and  took  his  place  in  the  Confederate  Army. 
A  courteous,  brave  young  man,  with  his  bosom  swelling 

[91] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

with  pride  and  love  for  Virginia,  reared  midst  the  grand- 
est and  most  heroic  traditions  that  made  the  Old  Dominion 
famous,  honored,  and  respected  throughout  the  civilized 
world,  it  was  but  natural  for  such  a  youth  to  step  promptly 
into  the  ranks  of  the  sons  of  Virginia,  when  the  soil  of 
the  mother  State  was  invaded  by  her  northern  foes. 

His  record  as  a  soldier  during  that  fierce  conflict 
between  the  States  of  the  South  and  the  North  is  well 
testified  to  by  the  wounds  he  received.  No  hardship,  no 
suffering  from  wounds  could  deter  him,  as  a  southern 
youth,  from  discharging  his  duties  to  the  South.  When 
ruin  and  desolation  settled  like  a  pall  on  the  States  of  the 
South  and  reconstruction,  the  result  of  unrestrained  sec- 
tional hatred,  was  reveling  in  its  carnival  of  crime  over  a 
prostrate,  brave,  and  helpless  people,  it  was  but  natural 
that  Virginia,  in  her  hour  of  need,  turned  to  such  a  brave 
son  as  DANIEL  and  bade  him  to  come  to  her  legislative 
councils.  He  was  elected  to  the  house  and  the  senate  of 
the  State  legislature.  It  was  there  in  the  ancient  halls  of 
Virginia,  where  the  architects  of  our  Federal  Constitution 
had  pointed  out  the  oppressions  of  King  George,  that  he 
demonstrated  an  oratory  that  gave  him  the  just  tribute  of 
being  Virginia's  most  courtly  and  charming  orator  since 
the  close  of  the  Civil  War.  But  his  star  of  destiny  led 
him  to  a  broader  field.  Virginia  sent  him  to  the  National 
Capital,  there  to  nobly  preserve  the  glorious  record  of  his 
great  State.  Free  from  sectional  feeling,  yielding  to  the 
inexorable  arbitrament  of  arms,  out  of  the  ashes  of  defeat 
and  the  cruel  blemishes  of  war,  as  a  Senator  from  Vir- 
ginia in  the  United  States  Senate  he  wrought  sublimely 
for  home,  State,  and  country.  What  a  splendid  career 
was  his,  and  victory  was  his  greatest  crown.  It  requires 
conditions,  Mr.  Speaker,  to  produce  such  men,  as  it 
required  war  to  bring  Gen.  Lee  and  Gen.  Grant  to  be 
known  and  honored  throughout  the  world. 


[92] 


ADDRESS  OF  MR.  RICHARDSON,  OF  ALABAMA 

A  distinguished  man  of  our  country,  in  speaking  of 
conditions  in  the  South  before  the  war,  said  that  the 
South,  before  the  war,  "  stood  for  an  impossible  institu- 
tion and  a  belated  order  of  society."  "  Belated  order  of 
society."  Could  a  society  peculiar  to  the  South — from 
the  formation  of  the  Government  to  1860,  impossible  else- 
where by  reason  of  the  absence  of  conditions — could  such 
a  society,  that  gave  Washington,  Jefferson,  Patrick  Henry, 
John  Marshall,  and  a  long  line  of  great  names — a 
"  society  "  that  produced  Robert  E.  Lee,  Stonewall  Jack- 
son, and  thousands  of  others,  which  same  "  society  "  gave 
impulse  and  tone  to  the  life  of  such  a  man  as  Senator 
DANIEL — could  such  a  "  society  "  be  denominated  "  be- 
lated"? It  is  the  output  of  a  narrow  mind,  where  too 
much  learning  has  made  him  mad. 

Senator  DANIEL  loved  the  survivors  of  his  brave  com- 
rades, and  a  true,  cordial  grasp  of  his  hand  was  always 
extended  to  a  Confederate  soldier.  He  was  with  Gen. 
Lee,  and  the  fires  of  his  soul  were  kindled  into  a  flame 
that  burnt  on  the  altar  of  his  great  heart,  until  death 
claimed  him,  by  his  contact  with  the  world's  greatest 
commander.  It  has  been  said  that  Senator  DANIEL'S 
speech,  in  telling  the  story  of  Gen.  Lee's  life,  will  live  as 
a  true  specimen  of  sublime  oratory  as  long  as  Appomat- 
tox  will  be  mentioned  in  history.  The  prone  statue  of 
Gen.  Lee  above  his  last  resting  place  has  given  the  genius 
of  Valentine  an  honored  niche  in  the  world's  temple  of 
art,  but  DANIEL'S  oration  at  the  shrine  will  live  after 
marble  and  brass  has  crumbled  to  dust. 

Senator  DANIEL  was  wise,  prudent,  and  far-seeing,  and 
he  advocated  and  recommended  that  we  should  embody 
in  our  Democratic  national  platform  Democratic  stand- 
ards in  a  straightforward,  common-sense  manner.  I 
quote  from  a  leading  Virginia  paper  what  Senator  DANIEL 


[93] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

said  about  the  platform  to  be  drawn  at  the  last  Demo- 
cratic national  convention : 

What  we  need,  as  I  think,  is  a  common-sense,  plain,  straight- 
forward Democratic  platform,  which  will  stop  at  that.  If  the 
convention  dissipates  into  persiflage,  the  voters  will  likely  act 
accordingly  and  go  in  all  directions.  No  great  reform  can  be 
made  in  a  day.  Wise  statesmanship  must  deal  with  transporta- 
tion and  with  questions  of  the  tariff  and  how  to  deal  with  the 
trusts  sedately  and  prudently.  The  conserving  spirit  should 
never  give  way  before  the  hot  and  destructive  spirit  that  wants 
everything  now  and  refused  to  emulate  nature  in  her  perfecting 
patient  processes.  Napoleon  was  great;  but  he  lost  by  impa- 
tience. How  poor  are  they  who  have  not  patience.  What  wound 
did  ever  heal  but  by  degrees? 

The  extreme  question  of  State's  rights  that  came  to  the  issue 
of  battle  has  long  been  settled;  but  as  long  as  the  United  States 
is  a  federation  of  States,  questions  of  Federal  and  State  jurisdic- 
tion will  continue  to  arise  and  will  be  passed  to  the  peaceful 
arbitration  of  the  courts.  Democracy  has  its  fixed  principles  on 
the  subject,  and  none  has  ever  better  stated  them  than  Thomas 
Jefferson  in  his  first  inauguration  address,  when  he  stood  for 
"  the  support  of  the  State's  governments  in  all  their  rights  as  the 
most  competent  administrations  for  their  domestic  concerns  and 
surest  bulwarks  against  antirepublican  tendencies.  The  preser- 
vation of  the  General  Government  in  its  whole  Constitution  vigor 
as  the  sheet  anchor  of  our  peace  at  home  and  safety  abroad." 

These  were  brave  words  addressed  to  our  party.  The 
Democratic  party  sadly  misses  the  wise  counsel  of  such  a 
man.  I  read  the  following  tribute  at  the  death  of  Sena- 
tor DANIEL  from  the  Richmond  Times-Dispatch — the  lead- 
ing paper  of  the  State  of  Virginia — and  it  so  impressed 
me  that  I  desire  to  help  perpetuate  it  by  giving  it  further 
publication  on  this  occasion: 

JOHN  W.  DANIEL  breathed  the  true  spirit  of  southern  chivalry 
with  all  the  grace  of  the  perfect  gentleman.  He  was  urbane  and 
gracious  to  all,  humble  in  the  flower  and  glory  of  his  manhood, 
gallant  and  forbearing,  gentle  and  considerate.  He  never 
stooped,  as  a  man,  to  the  baser  deeds  of  politics,  and  he  never 


[94] 


ADDRESS  OF  MR.  RICHARDSON,  OF  ALABAMA 

forgot,  as  a  gentleman,  the  duties  of  his  station  and  his  birth. 
How  much  richer  heritage  that  is  than  if  he  had  been  otherwise 
and  died  possessed  of  $100,000,000. 

Could  greater  praise  be  given  a  man?  It  conies  from 
the  leading  newspaper  of  his  State.  His  name  and  record 
is  more  "  valuable  than  money."  The  encomium  was 
truthful  and  deserved. 

Mr.  Speaker,  I  have  said  more  than  I  intended  to  say. 
I  was  a  great  admirer  of  Senator  DANIEL,  and  I  was 
frequently  in  his  company. 

He  has  passed,  Mr.  Speaker,  to  his  eternal  rest,  but  his 
hold  upon  the  hearts  and  affections  of  the  people  of  the 
"  Old  Dominion  "  is  undiminished,  because  he  was  a  son 
"  after  the  heart "  of  his  native  State.  He  will  live  long 
in  the  hearts  of  the  men  and  women  who  love  the  South, 
its  noble  record  and  traditions,  because  we  believe  that 
Senator  DANIEL  typified  what  was  truest  and  best  in 
southern  character — he  was  candid,  courteous,  and 
courageous,  not  on  particular  occasions  and  in  certain 
things,  but  at  all  times  and  in  all  things. 

Virginia,  I  dare  say,  has  mourned  the  loss  of  sons  with 
more  illustrious  careers,  but  never,  Mr.  Speaker,  was 
there  one,  nor  will  there  be  in  the  future,  a  son  of  Vir- 
ginia truer  and  prouder  of  the  name,  fame,  and  grandeur 
of  old  Virginia  than  JOHN  W.  DANIEL,  who  sank  into  his 
grave,  in  the  soil  of  his  native  State,  without  a  stain  or 
suspicion  on  his  life. 


[95] 


ADDRESS  OF  MR.  KAHN,  OF  CALIFORNIA 

Mr.  SPEAKER: 

The  wine  of  life  keeps  oozing  drop  by  drop; 
The  leaves  of  life  keep  falling  one  by  one. 

It  is  given  to  but  few  men  to  shine  with  such  resplen- 
dent luster  in  so  many  varied  walks  of  life  as  shone  our 
lamented  friend,  Senator  JOHN  WARWICK  DANIEL,  of 
Virginia. 

While  but  a  youth,  18  years  of  age,  he  joined  the  mili- 
tary forces  of  the  Old  Dominion,  and  as  a  soldier,  fighting 
for  the  cause  which  he  believed  to  be  right,  won  his  spurs 
upon  the  field  of  battle.  Brave,  fearless,  dauntless,  he 
gradually  rose  from  the  ranks  to  a  major's  station  in  the 
Southern  Army.  So  badly  wounded  on  May  6, 1864,  dur- 
ing the  Battle  of  the  Wilderness,  that  he  never  was  able 
thereafter  to  rejoin  his  regiment — for  a  Minie  ball  had 
shattered  his  left  leg  and  rendered  it  practically  useless 
during  the  remainder  of  his  life — he  never  allowed  any 
hatred  of  those  who  fought  on  the  opposite  side  to  rankle 
in  his  breast.  With  the  surrender  of  Appomattox  he 
cheerfully  turned  from  thoughts  of  war  to  the  arts  of 
peace.  And  in  those  arts  of  peace  he  won  additional 
renown  and  glory,  not  alone  for  himself  and  his  kindred, 
but  for  his  State  and  his  country. 

For  as  a  young  lawyer  he  soon  attained  great  distinc- 
tion as  a  member  of  the  bar  of  the  State  of  Virginia,  and 
early  in  his  career,  by  reason  of  his  masterful  knowledge 

[96] 


ADDRESS  OF  MR.  KAHN,  OF  CALIFORNIA 

of  the  law  and  his  brilliant  forensic  ability,  he  became 
one  of  its  brightest  ornaments. 

As  an  author  his  fame  soon  became  international.  His 
work  on  "  Negotiable  Instruments  "  will  continue  a  stand- 
ard authority  in  that  branch  of  jurisprudence  long  after 
we  of  the  present  generation  shall  have  moldered  into 
dust. 

As  a  statesman  his  life  and  character  will  prove  an 
inspiration  to  thousands  who  will  come  after  us.  His 
unquestioned  honesty,  his  steadfastness  of  purpose,  his 
devout  patriotism,  his  unswerving  devotion  to  duty,  will 
encourage  them  to  keep  alive  the  fires  of  the  noblest  tra- 
ditions of  the  Republic  and  to  uphold  inviolate  the  honor 
and  the  glory  of  this  great  American  Commonwealth. 

His  classic  features  and  his  noble  mien  at  once  chal- 
lenged the  admiration  of  the  beholder  and  stamped  him 
as  a  man  of  mark  in  any  assemblage. 

For  nearly  a  quarter  of  a  century  he  graced  the  floor 
of  the  Senate.  During  all  the  years  of  that  long  and 
eventful  period  he  participated  in  the  discussion  of  prac- 
tically all  of  the  great  questions  that  demanded  in  their 
solution  the  highest  qualities  of  mind  and  statesmanship. 

He  was  a  strict  party  man  but  he  never  descended  to 
the  low  level  of  blind,  bitter,  and  vindictive  partisanship 
in  dealing  with  political  opponents. 

His  own  naturally  broad  intellect  made  him  tolerant 
of  the  narrowness  of  men  less  liberally  endowed  than 
himself.  Being  of  pure  mind  himself,  he  was  willing  to 
concede  purity  of  motive  to  those  whose  views  differed 
from  his  own. 

Himself  a  man  of  strong  and  pronounced  opinions  on 
problems  of  great  public  import,  he  nevertheless  per- 
mitted men  to  differ  from  him  without  impugning  their 
integrity  or  questioning  their  fidelity  to  the  people's  wel- 
fare. 

1004°— 11 7  [97] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

He  scorned  the  obsequious  cant  of  the  political  hypo- 
crite, and  he  never  sought  to  win  the  plaudits  of  the  mul- 
titude by  resorting  to  the  dubious  devices  of  the  charla- 
tan and  demagogue. 

He  was  one  of  that  noble  type  which  has  been  the  em- 
bodiment of  true  greatness  since  the  dawn  of  recorded 
time — that  noble  type  of  men  who  would  preferably  and 
gladly  welcome  defeat  rather  than  stoop  to  conquer. 

Small  wonder,  therefore,  that  he  became  a  popular  idol 
among  the  people  of  his  own  State.  Small  wonder,  there- 
fore, that  when  the  solemn  church  bells  tolled  his  funeral 
knell  the  grief  of  his  bereaved  fellow  citizens  was  no  less 
poignant  than  that  of  those  who  were  nearest  and  dearest 
to  him. 

Mr.  Speaker,  I  had  been  a  Member  of  this  House  but  a 
brief  period  when  I  first  learned  to  know  and  to  esteem 
Senator  DANIEL.  He  visited  my  home  city  of  San  Fran- 
cisco during  the  summer  of  1900,  and  I  had  the  pleasure 
of  showing  him  some  slight  courtesies  on  that  occasion. 
Some  of  our  volunteer  regiments  were  returning  from  the 
Philippines  at  that  time,  and  he  repeatedly  expressed  his 
great  gratification  upon  the  fact  that  we  were  indeed  a 
reunited  country,  and  that  the  War  with  Spain  had  helped 
to  wipe  out  what  little  sectional  feeling  that  still  might 
have  slumbered  in  either  the  North  or  the  South. 

The  climate,  the  scenery,  and  the  matchless  fertility 
of  California  were  a  revelation  to  him,  and  to  the  very 
end  of  his  days  he  spoke  of  his  trip  to  the  Pacific  coast 
as  one  of  the  most  delightful  experiences  of  his  life.  He 
often  told  me  that  he  hoped  on  some  future  occasion  to 
make  a  much  more  extended  visit  to  that  section  of  our 
common  country.  But  it  was  not  to  be.  The  Great  Mas- 
ter of  the  Universe,  who  rules  the  destinies  of  men  even 
as  of  nations,  called  him  to  the  sleep  everlasting  on  June 


[98] 


ADDRESS  OF  MR.  KAHN,  OF  CALIFORNIA 

29,  1910.  His  brilliant  career  was  ended.  His  work  on 
earth  was  accomplished.  He  passed  on,  full  of  honors, 
beloved  by  his  colleagues  in  the  Senate  as  well  as  by  the 
Members  of  this  House  who  had  been  privileged  to  know 
him.  He  lies  at  rest  among  his  friends,  his  neighbors, 
and  his  kinsmen,  in  beautiful  Spring  Hill  Cemetery,  near 
his  well-beloved  city  of  Lynchburg.  Peace  be  to  his  ashes  1 


[99] 


ADDRESS  OF  MR.  GLASS,  OF  VIRGINIA 

Mr.  SPEAKER:  Unaccustomed  to  participation  in  com- 
memorative exercises,  and  unapprised  until  within  the 
last  few  days  of  the  purpose  to  set  apart  this  day  for 
memorial  services  in  honor  of  the  late  Senator  DANIEL,  I 
nevertheless  feel  that  I  can  not  let  the  occasion  pass  with- 
out joining  with  my  colleagues  in  paying  tribute  to  one 

who  was  my  friend  and  townsman,  and  with  whom  for 

••«»•  «i 

many  years  I  was  associated  in  public  affairs. 

Born  in  Lynchburg,  Va.,  September  5,  1842,  JOHN  WAR- 
WICK DANIEL  came  from  a  patrician  family  and  of  a  line- 
age noted  for  attainments  in  the  field  of  law.  His  father 
was  a  distinguished  member  of  the  Supreme  Court  of 
Appeals  of  Virginia,  and  his  grandfather  was  a  jurist 
scarcely  less  renowned.  Of  a  parentage  accustomed  to 
the  atmosphere  of  culture  and  occupying  a  position  of 
prominence  in  a  society  whose  gentleness  and  refinement 
have  been  unsurpassed  in  any  age  of  the  Republic,  young 
DANIEL  received  the  home  training  as  well  as  the  formal 
education  that  only  a  well-born  young  Virginian  of  that 
day  could  receive.  He  was  educated  in  the  private 
schools  of  his  native  town,  and  later  attended  the  Lynch- 
burg College  and  Dr.  Gessner  Harrison's  University 
School.  From  his  schoolmates  who  still  survive  it  is 
learned  that  JOHN  DANIEL,  even  when  a  youth,  exhibited  a 
natural  dignity  of  character  and  of  outward  bearing, 
although  he  was  loved  for  his  true  comradeship,  his 
kindly  impulses,  and  his  pleasant  sociability.  It  was  at 
the  Harrison  school  that  the  call  of  duty  summoned  him 
to  the  defense  of  his  native  State  at  the  outbreak  of  the 


[100] 


ADDRESS  OF  MR.  GLASS,  OF  VIRGINIA 


Civil  War.  Although  but  18  years  of  age,  he  immediately 
went  to  the  front,  and  was  soon  made  a  second  lieu- 
tenant. It  is  not  my  purpose  here  to-day  to  recount 
JOHN  DANIEL'S  long,  faithful,  and  brave  service  in  the  war 
between  the  States. 

Only  a  little  more  than  a  year  has  passed  since  his 
maimed  figure  was  familiar  to  most  of  us  who  are  gath- 
ered here  to-day,  and  it  bore  mute  witness  to  his  courage 
on  the  field  of  battle,  for  it  was  during  the  fierce  days  in 
the  Wilderness  that  DANIEL,  then  a  major,  while  leading 
a  charge  of  the  Fifty-eighth  Virginia  Infantry,  a  part  of 
Pegram's  gallant  division,  received  the  shot  that  made 
him  a  cripple  for  life.  That  was  in  1864.  Previous  to 
that  he  had  been  frequently  promoted  for  gallantry  and 
for  valuable  services,  acting  during  a  large  part  of  the 
war  as  the  chief  of  staff  to  Gen.  Jubal  A.  Early,  and  being 
three  times  wounded  on  the  open  field.  It  was  Gen.  John 
B.  Gordon,  who  afterwards  referred  to  him  as  **  the  brave 
and  brilliant  DANIEL,"  and  his  courage  and  acuteness 
caused  him  to  be  selected  for  military  duties  of  a  respon- 
sible and  difficult  nature.  The  war  ended  while  he  was 
recovering  from  what  was  feared  would  be  his  deathbed; 
only  his  splendid  constitution  and  his  unconquerable  will 
caused  him  to  survive  his  dangerous  wound,  and  a  guiding 
Providence  gave  him  a  life  to  live  in  eminent  service  of 
his  State  and  his  united  country. 

The  political  career  of  Maj.  DANIEL — for  so  we  have 
always  called  him  in  his  home  city — began  almost  imme- 
diately after  the  days  of  reconstruction.  When  the  war 
was  over  he  attended  the  law  school  of  the  University  of 
Virginia,  and  there  won  prominence  as  a  legal  student 
and  as  a  public  speaker.  The  times  in  Virginia  were 
politically  chaotic;  there  was  danger  from  political  para- 
sites who  had  come  in  to  feast  upon  the  wreck  of  a  Com- 
monwealth, and  there  was  menace  from  the  feverish  radi- 

[101] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

calism  within.  Men  of  stern  wills,  with  an  unconquered 
love  for  Virginia,  an  abundant  faith,  and  an  unimpeach- 
able integrity  were  needed  in  those  days.  There  were 
many  who,  discouraged  by  the  gloomy  outlook,  had  left 
for  newer  States,  there  to  begin  life  over;  but  it  is  charac- 
teristic of  the  man  that  DANIEL  stayed. 

To  attempt  to  give,  within  the  compass  of  these 
remarks,  even  a  brief  account  of  the  part  he  played  in  the 
rebuilding  of  Virginia  and  placing  her  upon  a  firmer 
foundation  is,  of  course,  impossible.  I  may  be  permitted 
to  recall  what  all  Virginians  and  students  of  Virginia  his- 
tory know,  that  the  name  of  DANIEL  was  linked  with  the 
leaders  for  conservative  reform  and  for  honorable  dispo- 
sition of  the  burdens  of  the  State.  He  at  once  became  a 
commanding  figure  among  the  men  of  his  type  and  belief, 
and  later  was  the  central  figure.  Chosen  in  1875  to  rep- 
resent his  legislative  district  in  the  State  senate,  for  seven 
years  he  there  fought  the  battle  for  political  honor  and 
righteousness.  During  that  time  he  twice  was  frustrated 
in  his  ambition  to  enter  Congress;  in  1877  he  barely 
missed  being  nominated  for  governor  of  Virginia,  and  in 
1881  he  was  selected  to  lead  a  brilliant,  though  unsuccess- 
ful, fight  against  the  so-called  Readjuster  Party  of  that 
day. 

In  1884  he  was  elected  to  the  House  of  Representatives 
of  the  Forty-ninth  Congress.  From  that  day  until  the 
day  he  died  Maj.  DANIEL  was  a  prominent  figure  in  the 
national  councils.  Upon  the  death  of  Senator  William 
Mahone,  one  year  after,  DANIEL  became  United  States 
Senator  from  Virginia,  and  continued  to  serve  his  State 
and  Nation  in  that  capacity  for  23  years.  His  part  in  the 
guiding  of  the  Nation,  both  as  an  individual  and  as  a 
Member  of  the  Upper  House  of  Congress,  is  too  well 
known  to  demand  repetition  here.  He  was  independent 
in  opinion  and  fearless  in  action,  and  while  his  views 

[102] 


ADDRESS  OF  MR.  GLASS,  OF  VIRGINIA 


could  not  always  meet  the  unanimous  approbation  of  his 
constituents,  he  was,  nevertheless,  reelected  to  the  Senate 
four  times  without  opposition.  He  was  seven  times  a 
delegate  at  large  from  Virginia  to  the  national  conven- 
tions of  his  party,  and  gained  recognition  as  a  potent 
figure  in  framing  the  policies  of  the  great  political 
organization. 

But  to  his  neighbors  and  to  the  thousands  that  for  a 
generation  felt  that  no  honor  could  be  given  him  unde- 
servedly Senator  DANIEL  was  more  than  a  successful 
figure  in  the  uncertain  battle  ground  of  political  strife. 
Regarded  as  the  representative  "  Virginian  of  Virginians  " 
for  more  than  two  decades,  looked  up  to  as  the  natural 
leader  of  important  social  and  political  movements  within 
his  State,  he  presented  a  figure  whose  unique  presence 
and  persistence  need  other  explanations  than  those  ordi- 
narily assigned  in  seeking  the  causes  of  what  is  com- 
monly termed  success  before  the  public.  Senator  DANIEL, 
in  common  with  many  of  his  contemporaries,  was  a  man 
of  unusual  ability.  He  possessed  a  mind  naturally 
molded  and  carefully  trained  in  legal  methods  of  thought 
and  yet  broadened  into  a  capacity  for  wide  comprehen- 
sion as  well  as  deepened  by  painstaking  study  of  a  multi- 
tude of  diverse  questions  and  subjects.  He  was  more 
than  ordinarily  eloquent;  he  had  the  power  of  inspiring 
speech  and  the  force  of  overwhelming  denunciation  or 
stinging  sarcasm  no  less  than  he  possessed  the  gift  of  per- 
suasive words  and  tones.  He  was  animated  by  real 
enthusiasm  and  drew  men  by  the  impelling  force  of  his 
personal  magnetism.  He  possessed  a  courage  and  a  fire 
which  won  for  him  the  sobriquet  of  "  The  Lame  Lion  of 
Lynchburg." 

He  occupied  a  position  whose  authority  increased  with 
his  tenure.  Experience  taught  him  as  it  does  all  men  of 
discernment.  But  these,  Mr.  Speaker,  are  things  common 

[103] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

to  a  multitude.  Men  possessing  even  such  qualities  have 
failed  in  maintaining  their  success  because  of  some  inher- 
ent weakness.  The  possession  of  ability  and  of  courage 
accounts  no  more  for  the  unique  position  of  JOHN  DANIEL 
in  the  esteem  of  his  constituents  than  it  explains  the  fact 
that  his  faults  and  errors  of  judgment  did  not  diminish 
the  greatness  of  his  own  career  as  similar  errors  had 
impaired  the  fortunes  of  others.  I  think  we  who  knew 
the  man  will  agree  that  there  entered  into  the  composi- 
tion of  his  character  qualities  that  far  outweighed  mis- 
takes and  magnified  his  abilities. 

From  the  viewpoint  of  one  who  knew  him  intimately 
and  loved  to  do  him  honor,  I  may  define  as  one  of  the 
distinguishing  characteristics  of  Maj.  DANIEL  his  thor- 
oughgoing democracy.  His  democracy  of  action  and  of 
belief  was  not  the  false  democracy  of  the  demagogue. 
Of  patrician  blood,  reared  in  an  aristocratic  home,  he  was 
nevertheless  the  companion  of  the  poor  and  uncultured 
as  well  as  of  the  rich  and  the  refined.  Dignified  of  man- 
ner and  of  mien,  he  possessed  a  natural  poise,  not  a  prac- 
ticed or  an  assumed  pose.  He  loved  to  converse  with  the 
untutored  man  of  the  field  or  of  the  shop  as  well  as  with 
the  savant  at  the  gathering  places.  The  Confederate 
veteran  who  had  never  worn  a  star  or  bar  or  chevron 
found  him  as  good  a  comrade  as  did  his  own  common 
messmate  on  the  camping  grounds  of  years  before.  In- 
heriting the  social  distinctions  of  antebellum  society  in 
Virginia,  these  distinctions  did  not  confine  his  outlook  in 
narrow  conceptions  of  caste.  His  democracy  was  as  well 
known  as  his  dignity.  It  was  the  natural  outgrowth  of  a 
deep-rooted  belief  which  was  seen  not  only  in  his  per- 
sonal conduct,  but  also  in  his  political  tenets,  and  which 
his  culture  and  social  inheritances  made  rare.  Another 
distinguishing  mark  of  his  long  career  was  the  unques- 
tioned integrity  of  the  man.  To  few  public  men  is  it  per- 


[104] 


ADDRESS  OF  MR.  GLASS,  OF  VIRGINIA 


milled  that  their  absolute  good  faith  shall  not  be  doubted 
in  the  heat  of  political  campaigns.  The  honesty  of  Sena- 
tor DANIEL  was  his  chief  asset,  if  I  may  so  speak  of  such 
a  quality.  His  long  public  life,  extending,  as  it  did,  over 
many  political  periods  within  his  State  and  in  the  Nation, 
afforded  opportunities  for  enemies  to  assail  him  at  every 
point.  Times  changed  and  policies  changed  in  the  two 
score  years  of  his  public  service,  and  yet  through  all  of 
these  vicissitudes  he  stood  as  a  type  of  the  honest  man  in 
politics  and  private  life. 

To  his  genuine  democracy  of  belief  and  of  action  and 
to  his  "  Spartan  integrity  "  should  be  added  a  third  dis- 
tinguishing characteristic.  This  was  his  unselfish  con- 
ception of  service.  It  is  by  no  means  a  remarkable  thing 
in  these  days  for  a  man  of  ability,  who  is  long  in  the 
employ  of  the  people,  to  become  rich.  It  is  almost  a  sign 
of  the  age  that  a  man  who  has  ability  shall  sell  it  and 
thereby  become  more  or  less  wealthy  in  material  goods, 
or  that  a  man  who  has  the  opportunity  to  profit  better 
than  the  other  man  in  the  market  places  shall  gain  by 
that  opportunity.  It  has  almost  become  an  evidence  of 
incapacity  in  the  estimation  of  many  when  a  man  does 
not  devote  his  chief  efforts  to  the  assembling  of  worldly 
possessions  and  does  not  choose  as  the  directions  of  his 
public  service  the  paths  to  the  greatest  monetary  profits. 
In  my  opinion,  the  life  of  Senator  DANIEL  is  one  of  the 
most  pertinent  comments  possible  on  the  conceptions  of 
the  times.  A  brilliant  lawyer,  he  chose  to  consider  his 
constituents  his  chief  clients;  widely  learned  in  legal  sub- 
jects and  the  author  of  two  textbooks  in  law  that  are  rec- 
ognized as  authorities,  he  did  not  further  exploit  a  field 
that  was  justly  open  to  him  lest  it  might  interfere  with  the 
work  which  he  had  been  chosen  to  do  by  those  who 
trusted  him;  coming  in  contact  with  hundreds  of  oppor- 
tunities whereby  the  very  use  of  his  name  would  mean 

[105] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

handsome  remuneration,  he  preferred  that  his  name 
should  be  linked  with  the  service  that  he  rendered  the 
people.  Burdened  as  he  was  by  the  debts  that  he 
assumed,  he  chose  rather  to  live  on  small  means  and  give 
the  entire  force  of  his  unusual  energies  and  abilities  in  a 
life  that  was  supremely  unselfish — a  life  of  real  service 
unmixed  with  thought  of  private  financial  gain  and  unsul- 
lied by  ambition  for  wealth  alone. 

With  these  elements  of  genuine  democracy  in  belief 
and  in  practice,  of  unswerving  personal  integrity,  and  of 
unselfish  devotion  to  his  ideal  of  public  service,  which 
constituted  traits  so  predominant  in  his  character,  added 
to  his  splendid  abilities,  inherited  and  achieved,  the  most 
remarkable  fact  of  Senator  DANIEL'S  political  position  and 
career  ceases  to  be  a  thing  to  be  marveled  at  and  becomes 
an  object  lesson.  I  refer  to  the  fact  that  his  persistent 
and  wonderful  popularity  among  his  constituents  was  not 
in  any  degree  or  way  based  upon  or  aided  by  political 
organization.  It  seems  almost  a  curious  thing,  in  these 
days  of  literary  bureaus,  political  agencies,  secret  under- 
standings, exchanging  of  favors,  and  the  hundred  and  one 
theatrical  accessories  thought  to  be  necessary  to  the 
obtaining  of  applause  and  the  reaping  of  benefits  upon 
the  political  stage,  that  any  man,  however  capable  and 
however  honest  and  unselfish,  could  not  only  play  an 
important  part  before  the  seemingly  fickle  public  for  a 
lifetime,  but  could  be  the  recipient  of  continued  honor 
and  reverence  and  affection  from  two  generations  of  a 
people.  And  yet  such  was  the  part  that  Senator  DANIEL 
played  without  studied  effort.  What  honors  he  received 
were  awarded  willingly.  What  trusts  were  given  him 
to  hold  were  bestowed  because  of  an  unfailing  and  unvio- 
lated  faith  in  the  man.  What  services  were  assigned  him 
to  perform  were  so  designated  because  his  devotion  to 
service  was  undoubted.  He  needed  no  political  organiza- 

[106] 


ADDRESS  OF  MR.  GLASS,  OF  VIRGINIA 


tion  with  which  to  bolster  up  the  foundations  of  his  popu- 
larity. He  gave  no  offices  to  induce  adherence.  He 
scorned  to  temporize  with  political  enemies  in  order  to 
attain  personal  ambitions.  There  was  no  trading  of  party 
principles  upon  grounds  of  "  expediency  "  when  expedi- 
ency meant  private  gain.  None  of  the  methods  of  the 
ordinary  self-seeker  was  the  secret  with  which  he  led  his 
charmed  life  upon  so  many  political  battle  fields.  He 
stood  alone  in  the  invulnerable  armor  of  his  own  honesty; 
he  fought  with  the  resistless  weapons  of  a  deep  sympathy 
and  an  intelligent  statesmanship;  he  conquered  in  the 
genuine  affection  of  his  countrymen. 

I  realize,  Mr.  Speaker,  that  I  have  succeeded  in  paying 
but  a  poor  tribute  to  the  memory  of  one  so  close  to  the 
hearts  of  his  colleagues  and  of  his  fellow  Virginians  and 
his  neighbors.  Even  to  those  who  have  been  wont  to 
participate  in  his  daily  life,  to  those  who  knew  his  faults 
and  recognized  his  abilities  and  felt  the  influence  of  his 
character  and  example,  a  true  estimate,  or  even  an  ade- 
quate portrayal  of  the  man  as  he  was,  is  difficult,  if, 
indeed,  it  is  possible.  I  do  not  pretend  to  have  accom- 
plished either.  I  regard  it  more  important,  more  in  keep- 
ing with  the  passion  of  his  own  life,  that  the  self-sacri- 
ficing honesty  and  service  of  JOHN  W.  DANIEL  shall  remain 
in  the  minds  of  his  fellow  servants  as  an  inspiring  exam- 
ple and  in  the  hearts  of  his  fellow  citizens  as  a  precious 
heritage.  No  eloquence  of  tongue,  no  multitude  of  pleas- 
ant-sounding words,  no  heaping  up  of  tributes  can  add  to 
its  beauty;  no  criticism  of  his  errors  or  caviling  at  his 
faults  can  detract  from  its  worth. 

And  so  the  personality  of  the  man,  with  its  differen- 
tiating characteristics,  remains,  though  the  eloquent  voice 
is  hushed  and  the  sympathetic  heart  is  still.  JOHN  W. 
DANIEL  stands  out  as  a  true  and  unusual  type  of  the  great 
men  who  have  become  a  part  of  the  history  of  this  Nation. 

[107] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

His  was  the  part  of  being  not  only  honored  and  trusted, 
but  also  loved;  his  was  the  dignity  that  naturally  clothes 
a  lofty  character;  his  was  the  courtliness  that  is  the  unas- 
sumed  mark  of  a  real  gentleman;  his  was  the  democracy 
of  belief  and  action  that  arises  from  the  unpretended 
humility  of  soul;  his  was  the  deep  sympathy  that  comes 
with  a  mind  that  understands  and  a  heart  that  feels;  and 
his  was  the  unbetrayed  trust,  held  sacred  in  a  life  sternly 
conforming  to  an  unchanged  ideal  and  kept  with  a  pas- 
sionate realization  of  its  worth  as  that  most  precious 
thing,  the  faith  of  one  man  in  the  honor  of  another. 


[108] 


ADDRESS  OF  MR.  LAMB,  OF  VIRGINIA 

Mr.  SPEAKER:  Once  more,  and  for  the  sixth  time  in 
twice  as  many  years,  the  Virginia  delegation  in  Congress 
is  called  upon  to  pay  tribute  to  the  character  and  public 
services  of  a  deceased  colleague. 

The  death  of  one-half  of  our  number  in  12  years  sug- 
gests the  thought  that  "  in  the  midst  of  life  we  are  in 
death,"  and  brings  the  solemn  reminder  "that  the  young 
as  well  as  the  old  may  be  called  at  any  hour,  and  that  we 
would  do  well  to  make  the  necessary  preparation  for  our 
departure. 

Since  we  so  frequently  contemplate  death  and  know 
that  we  shall  before  long  explore  the  "  uncharted  seas  '* 
ourselves,  we  may  well  view  it  as  a  state  less  mysterious 
and  even  more  natural  than  life. 

The  brave  man  learns,  as  the  soldier  does,  to  put  the 
fear  of  death  behind  him;  and  if  he  thinks  of  it  at  all,  it 
will  be  at  such  times  when  the  scythe  has  cut  down  some 
loved  one  or  some  honored  friend  and  colleague,  as  is 
the  case  with  us  this  hour. 

In  the  death  of  JOHN  W.  DANIEL  Virginia  lost  a  match- 
less orator,  soldier,  and  statesman.  In  the  councils  of  the 
State  and  at  the  firesides  of  her  citizens  of  every  class  and 
political  faith  there  was  sincere  grief  when  DANIEL  died. 

There  was  among  us  a  sentiment  for  him  that  grew  with 
each  succeeding  year  and  spread  from  fireside  to  fireside, 
until  the  home  that  loved  him  not  nor  grieved  for  him 
was  hard  to  find  in  Virginia.  Nor  was  his  death  a  loss  to 
his  State  alone.  Long  since  he  had  proved  his  worth  and 
won  his  reputation  in  a  broader  field.  He  had  demon- 


[109] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

strated  by  ability  and  service  his  right  to  rank  and  be 
remembered  among  the  great  statesmen,  orators,  authors, 
and  lawyers  of  his  country. 

JOHN  WARWICK  DANIEL  was  the  only  son  of  Judge  Wil- 
liam Daniel,  jr.,  and  Sarah  Ann  Warwick,  his  wife.  He 
was  born  in  Lynchburg,  Va.,  on  September  5,  1842,  and 
died  in  Lynchburg  on  June  29,  1910. 

His  early  education  was  in  the  private  schools  of  his 
native  city  and  at  the  university  school  of  Prof.  Gessner 
Harrison  in  Albemarle  County,  Va.  He  was  at  this  school 
in  1861  when  the  Civil  War  commenced.  He  at  once 
enlisted  as  a  private  in  a  Lynchburg  cavalry  troop,  serv- 
ing only  a  few  weeks  before  he  was  assigned  to  duty  as 
drillmaster  and  lieutenant  in  Company  A,  Eleventh  Vir- 
ginia Infantry,  forming  later  a  part  of  the  famous  "  Stone- 
wall Brigade." 

Later  he  was  made  adjutant  of  his  regiment  and  then 
chief  of  staff  of  Lieut.  Gen.  Jubal  A.  Early,  with  the  rank 
of  major. 

His  gallant  and  brilliant  record  as  a  Confederate  soldier 
closed  at  the  Battle  of  the  Wilderness,  May  6, 1864,  where 
he  was  wounded  and  crippled  for  life  while  rallying  and 
leading  his  brigade. 

The  close  of  the  war  found  DANIEL  poor  and  maimed 
for  life,  but  undaunted  and  undiscouraged.  He  entered 
the  law  class  of  the  University  of  Virginia  in  the  fall  of 
1865  and  prepared  himself  for  the  profession  which  he 
so  adorned  as  lawyer  and  author. 

He  commenced  the  practice  of  law  in  Lynchburg  with 
his  father,  and  early  won  confidence  and  success.  Not- 
withstanding his  ardent  and  exacting  public  duties,  he 
continued  to  practice  his  profession  so  long  as  he  lived, 
conducting  with  marked  ability  in  our  highest  courts, 
both  State  and  Federal,  many  cases  involving  questions 
of  greatest  importance  and  intricacy,  yet  finding  time 


[110] 


ADDRESS  OF  MR.  LAMB,  OF  VIRGINIA 


from  a  life  overcrowded  with  labor  to  prepare  and  pub- 
lish Daniel  on  Negotiable  Instruments  and  Daniel  on 
Attachments,  valued  textbooks,  universally  used  in  our 
schools  and  courts. 

In  1869  his  political  career  was  launched,  and  it  is  as 
statesman  and  Representative  that  DANIEL  rendered  his 
greatest  service  and  won  his  greatest  fame. 

He  was  elected  to  the  Virginia  House  of  Delegates  in 
1869  and  served  until  1872.  In  1875  he  was  sent  to  the 
Virginia  Senate  and  served  until  1881. 

In  the  Virginia  House  and  Senate  DANIEL  was  recog- 
nized as  an  able  and  fearless  leader  and  statesman,  and 
there  laid  the  foundation  for  his  future  political  career 
deep  and  strong  in  the  confidence  and  affection  of  the 
people  of  his  State. 

In  1876  DANIEL  was  the  Democratic  elector  at  large  for 
.Virginia  in  the  presidential  election.  He  was  delegate 
at  large  for  his  State  in  the  national  Democratic  conven- 
tions of  1880,  1888,  1892,  1896,  1900,  1904,  and  1908,  and 
temporary  chairman  of  the  convention  of  1896  and  chair- 
man of  the  resolution  (platform)  committees  of  1900  and 
1904. 

He  was  Democratic  nominee  for  governor  of  Virginia 
in  1881,  but  was  defeated  by  William  E.  Cameron,  the 
readjuster  candidate.  In  1884  he  was  elected  to  the  House 
of  Representatives  of  the  Forty-ninth  Congress.  In  1885 
he  was  elected  to  the  United  States  Senate  to  succeed  Gen. 
William  Mahone  for  the  term  beginning  March  4,  1887, 
and  reelected  as  the  unanimous  choice  of  his  party  for 
this  high  position  in  1891, 1897, 1904,  and  1910. 

In  1901  he  was  elected  as  a  delegate  to  the  Constitu- 
tional Convention  of  Virginia,  and  rendered  his  State 
valuable  service  in  framing  her  new  constitution. 

He  was  prominently  mentioned  by  his  party  for  the 
presidency,  and  in  1896  and  1904  it  is  believed  that  the 

[111] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

nomination  for  Vice  President  would  have  been  his  had 
he  not  discouraged  the  idea. 

DANIEL  combined  those  qualities  of  sterling  character, 
rare  fidelity,  and  faithfulness  in  the  discharge  of  every 
duty  which  justly  entitled  him  to  live  in  the  hearts  and 
memories  of  his  countrymen. 

His  sincerity  and  uncompromising  integrity  were  never 
questioned.  To  devoted  patriotism  he  added  sturdy  in- 
dependence, disdaining  to  calculate  consequences.  Sus- 
tained by  conscious  rectitude  and  purity  of  motive  he 
feared  no  man,  and  boldly  and  openly  followed  his  con- 
victions, seeking  to  mold  and  lead  public  thought,  rather 
than  wait  to  follow  it  in  inglorious  safety  and  popularity. 

A  worshiper  of  republican  institutions  and  an  ardent 
student  of  its  principles,  he  labored  incessantly  for  means 
and  measures  to  preserve  and  perpetuate  them.  Though 
an  active  and  conspicuous  leader  in  party  strife  and  ex- 
citement, all  concur  in  ascribing  to  him  none  but  the 
most  patriotic,  conscientious,  and  disinterested  motives. 

He  was  singularly  charming  in  manner,  amiable,  mag- 
netic, and  fascinating  in  public  and  in  private  life,  and 
quickly  and  firmly  bound  to  him  for  all  time  in  lasting 
friendship  and  affection  those  with  whom  he  came  in 
contact. 

DANIEL'S  brilliant  record  as  a  Confederate  soldier,  his 
classic  features,  his  silver  tones,  and  gracious  gift  of  ora- 
tory would  not  alone  account  for  his  endearment  to  his 
State  and  people.  To  these  were  added  the  highest  ideals, 
warped  by  no  consideration  of  selfish  interest;  truth  un- 
questioned; honor  untarnished;  courage  incomparable; 
and  a  civic  conscience  which  he  followed  unwaveringly. 
These  with  his  integrity,  energy,  oratory,  and  genius  are 
the  qualities  that  for  50  years  endeared  JOHN  DANIEL  to 
his  State  and  his  people.  He  was,  indeed,  an  example  of 
civic  virtue  as  rare  as  beautiful. 

[112] 


ADDRESS  OF  MR.  LAMB,  OF  VIRGINIA 


It  was  well  said  of  him  in  the  Charlotte  (N.  C.)  Ob- 
server— 

As  legislator,  Representative,  and  Senator  his  service  has  been 
conspicuous  and  brilliant.  Senator  DANIEL'S  fame  will  rest  pri- 
marily upon  his  oratorical  gifts.  With  a  culture  based  upon  the 
widest  reading,  and  a  scarcely  less  wide  knowledge  of  men  and 
affairs,  his  eloquence  was  at  once  simply  and  irresistibly  appeal- 
ing. No  one  who  ever  sat  spellbound  under  the  sway  of  that 
magnificent  voice,  rolling  forth  one  noble  period  after  another, 
is  likely  to  lose  the  impression  received.  The  topic  which 
elicited  his  happiest  efforts  was  the  "  Lost  Cause,"  to  which  his 
devotion  was  most  sincere  and  of  which  his  crutch  served  as  an 
ever-present  reminder.  More  than  one  of  his  memorial  addresses 
have  long  since  taken  rank  as  American  classics.  For  the  reason 
that  Senator  DANIEL'S  voice  was  so  often  and  so  effectively  raised 
in  honor  of  the  heroes  of  the  Confederacy,  not  Virginia  alone, 
but  every  Commonwealth  in  Dixie,  owes  him  a  debt  of  gratitude, 
and  throughout  the  bounds  of  each  his  memory  will  long  be 
fragrant. 

And  from  the  Winchester  (Va.)  Star  comes  this  trib- 
ute— 

The  exact  position  held  by  Senator  DANIEL  in  Virginia  was 
unique.  The  exalted  and,  indeed,  the  preeminent  place  he  held 
in  the  hearts  of  Virginians  was  due  to  the  fact  that  in  him  all 
those  qualities  which  appeal  to  a  chivalrous  people  were  per- 
sonified. His  position  and  influence  is  a  tribute  to  the  tremen- 
dous power  of  sentiment  and  the  proneness  of  a  generous  people 
to  an  idealism  embodied  in  the  person  of  a  popular  hero.  His 
life,  his  physical  presence,  his  winged  words,  lent  him  a  glamor 
which  caught  and  permanently  held  the  imagination  of  Virgin- 
ians. His  wounded  leg,  his  classic  face  and  beautiful  eyes,  his 
voice  musical  as  a  flute  and  eloquent  beyond  the  experience  of 
men,  the  stainlessness  of  his  life,  the  gallant  front  he  held  against 
misfortunes,  gave  him  a  place  which  no  man  in  the  future  can 
hope  to  fill. 

As  was  very  natural,  the  thoughts  of  Senator  DANIEL  turned 
much  to  the  past.  The  mighty  struggle  in  which  he  took  so  brave 
a  part  left  an  indelible  impress  upon  his  memory.  The  eye  of 

1004°— 11 8  [113] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

his  mind  saw  through  the  mist  of  years  the  great  squadrons  set 
in  the  field,  the  ear  of  his  mind  heard  the  thunder  of  artillery, 
and  in  his  heart  abided  the  memory  of  his  comrades,  living  and 
dead. 

The  soldier  sleeps;  the  incorruptible  statesman  has  become  a 
memory  and  example;  the  good  and  loving  man,  whose  shoulders 
were  burdened  with  many  honors,  has  gone  to  his  rest.  Virginia 
mourns,  yet  in  her  sorrow  there  is  the  proud  consciousness  that 
he  who  was  the  best  loved  of  all  her  sons  has  fought  a  good  fight, 
and  that  his  life  and  qualities  justified  to  the  full  her  pride  and 
her  affection. 

Richly  endowed  as  DANIEL  was,  and  showered  with 
honors  and  praise,  his  modesty  and  freedom  from  conceit 
were  remarkable.  His  manners  were  simple,  courtly, 
charming,  giving  and  commanding  deference  and  respect 
of  mighty  and  humble  alike.  Sincere,  frank,  independ- 
ent with  all;  overbearing  or  flattering  to  none,  no  matter 
what  his  rank  in  life  might  be.  The  rare  charm  of  put- 
ting his  listener  at  ease  was  his.  Whether  as  host  or 
guest,  with  rich  or  poor,  mighty  or  lowly,  his  manners 
marked  the  high-bred,  modest  gentleman,  in  whose  so- 
ciety it  was  delightful  to  be. 

One  of  the  crowning  virtues  in  Maj.  DANIEL'S  character 
was  his  loyalty  to  his  friends  and  his  confidence  and  trust 
in  the  people.  In  his  masterful  speech  on  the  force  bill 
he  emphasized  this  to  a  degree.  That  speech  might  well 
have  been  read  and  fully  digested  when  two  important 
questions  were  being  discussed  in  this  House  a  few  days 
ago. 

The  people  of  the  South,  and  particularly  of  Virginia, 
were  greatly  impressed  and  deeply  grateful  to  Senator 
DANIEL  for  the  noble  stand  he  then  took  and  the  ability 
with  which  he  argued  that  question,  involving,  as  it  did, 
their  welfare  and  happiness. 

I  never  saw  his  faith  in  his  people  in  the  least  shaken, 
save  on  one  occasion. 


[114] 


ADDRESS  OF  MR.  LAMB,  OF  VIRGINIA 


At  a  Virginia  convention  I  missed  him  from  his  usual 
prominent  position  on  the  platform.  Fearing  he  was 
sick,  I  visited  his  room  and  found  him  depressed.  After 
talking  a  short  time  he  turned  to  me  that  kindly,  inquir- 
ing expression  of  his  noble  countenance  that  no  one  will 
ever  forget  who  enjoyed  his  confidence  and  said,  "  These 
people  expect  to  defeat  me."  I  replied,  "  Never;  we  have 
50,000  soldiers  left  in  Virginia.  They  and  100,000  sons, 
who  have  sprung  from  their  loins,  love  and  admire  you. 
You  are  safe  in  their  hands." 

A  little  son  of  a  Virginia  father  was  about  to  be  pun- 
ished for  some  trivial  offense.  The  little  fellow  looked 
up  pitifully  and  said,  "Father,  trust  me;  I  will  do  so  no 
more."  A  faithful  Confederate  officer,  who  commanded 
one  of  the  best  companies  I  knew  in  the  army,  was  asked 
by  the  colonel  of  his  regiment  how  he  kept  so  many  men 
for  duty  and  why  they  were  always  so  cheerful  and  ready 
for  the  fight.  He  made  this  simple  reply :  "  I  trust  them, 
and  they  love  me." 

The  people  of  Virginia  loved  JOHN  W.  DANIEL,  and  he 
trusted  them.  The  whole  story  of  his  success  is  told  in 
this  sentence. 

His  death  left  a  vacancy  difficult  to  fill.  Other  Vir- 
ginians great  and  good  will  occupy  the  position  that  he 
adorned  for  30  years.  They  will  measure  up  to  his  stand- 
ard along  many  lines,  no  doubt;  but  the  school  from 
which  came  his  equipment,  with  its  ideals,  its  sacrifices, 
and  tragedies,  is  closed. 

Take  him  for  all  in  all, 

I  shall  not  look  upon  his  like  again. 


[115] 


ADDRESS  OF  MR.  HOLLAND,  OF  VIRGINIA 

Mr.  SPEAKER  :  I  have  listened  with  very  great  interest  to 
the  eloquent  addresses  of  my  colleagues  on  the  life  and 
character  of  the  late  Senator  DANIEL,  one  of  the  foremost 
Virginians  of  his  time.  They  have  spoken  of  him  as  a 
soldier  with  an  enviable  record,  as  a  lawyer  of  conspicu- 
ous ability,  as  an  author  of  great  distinction,  as  an  orator 
of  almost  matchless  grace  and  brilliancy,  as  a  politician 
of  stainless  honor,  as  a  statesman  of  incorruptible  virtue, 
and  as  a  patriot  loyal  and  devoted  to  the  interests  of  his 
State  and  of  his  country,  and  have  drawn  beautiful  pic- 
tures of  his  achievements.  It  would  be  exceedingly  diffi- 
cult, therefore,  for  one  who  did  not  know  him  intimately 
to  add  anything  to  what  has  already  been  said  of  him, 
and  it  is  not  my  purpose  to  attempt  it. 

But,  Mr.  Speaker,  I  do  desire  to  read,  and  thereby  help 
to  perpetuate,  a  most  fitting  tribute  in  his  memory  which 
appeared  in  the  Virginian-Pilot,  a  newspaper  published 
in  Norfolk,  Va.,  on  the  morning  after  his  death.  This 
tribute  is  from  the  pen  of  ex-Gov.  William  E.  Cameron, 
who  was  his  opponent  for  governor  of  Virginia,  and  de- 
feated him,  knew  him  long  and  intimately,  and  is,  per- 
haps, as  well  fitted  as  any  man  in  the  State  to  make  a 
true  estimate  of  his  life  and  of  his  character : 

JOHN    DANIEL 

No  public  man  of  his  own  day  and  generation  has  so  attracted 
and  held  the  trusting  affection  of  the  Virginia  people  as  JOHN 
WARWICK  DANIEL.  Throughout  an  active  career  of  nearly  half  a 
century  he  has  stood  conspicuously  forward  as  the  exponent  of 
the  best  sentiment  of  the  Commonwealth,  voicing  always  a  spirit 

[116] 


ADDRESS  OF  MR.  HOLLAND,  OF  VIRGINIA 

of  patriotism  too  deeply  founded  to  be  shaken  by  considerations 
of  selfish  interest,  and  occupying  a  moral  pedestal  so  high  that 
those  who  felt  constrained  at  times  to  take  issue  with  his  opin- 
ions on  political  questions  were  always  ready  to  pay  tribute  to 
his  sincerity  of  conviction  and  purity  of  motive.  His  brilliant 
record  as  a  soldier,  his  commanding  figure  and  classic  face,  his 
mellowness  of  tongue  and  grace  of  gesture,  and  a  gift  of  oratory 
which  lacked  no  essential  quality  of  natural  grace  or  cultured 
finish — all  these  bespoke  for  him  initial  popularity;  but  neither 
one  nor  all  of  these  pleasing  attributes  would  have  sufficed  to 
establish  and  protract  his  primacy  in  the  public  heart  through 
the  trying  political  vicissitudes  of  so  many  eventful  years,  had  he 
been  wanting  in  those  elements  of  character  that  owe  nothing  to 
chance  and  yield  nothing  to  change — courage  unfaltering,  truth 
unquestioning,  honor  beyond  taint  or  temptation,  and  a  civic 
conscience  as  sensitive  as  that  which  guided  and  guarded  the 
conduct  of  the  private  gentleman.  It  was  his  fortune  more  than 
once  to  run  counter  to  the  candidates  and  policies  favored  by  a 
majority  of  his  constituents.  A  lesser  man,  or  one  less  firmly 
anchored  in  the  confidence  of  his  fellows,  might  have  abstained 
from  open  difference  with  friends  and  colleagues;  or,  having 
pleaded  his  views  in  vain,  might  have  suffered  loss  of  prestige 
and  of  following  as  a  consequence.  Not  so  with  JOHN  DANIEL. 
He  occupied  a  plane  above  that  of  the  mere  officeholder  and 
politician,  and  his  next  reelection  to  the  Senate  was  marked  by 
the  same  enthusiastic  unanimity  which  had  attended  the  previous 
occasion.  His  people  and  his  party  had  faith  in  him.  He  was 
not  an  organizer  or  a  manager  of  men.  What  is  known  as  the 
"  machine  "  side  of  politics  did  not  appeal  to  him.  But  the  lack 
of  that  which  made  the  strength  of  other  leaders  did  not  consti- 
tute a  weakness  in  him.  More  was  expected  of  him  in  certain 
ways  than  of  others  similarly  placed,  and  less  in  other  ways. 
Perhaps  that  this  was  true  illustrates  most  perfectly  the  pedestal 
on  which  the  esteem  and  affection  of  Virginians  had  elevated 
JOHN  DANIEL.  His  death  leaves  a  vacancy  never  to  be  exactly 
filled.  Other  Virginians,  some  great  and  some  good,  will  inherit 
the  toga  to  which  he  lent  dignity  for  nearly  three  decades,  but 
the  school  from  which  his  equipment  and  his  standards  were 
derived  is  closed,  and — 

"  Take  him  for  all  in  all,  we  ne'er  shall  look  upon  his  like 
again." 

[117] 


ADDRESS  OF  MR.  SLEMP,  OF  VIRGINIA 

Mr.  SPEAKER  :  I  desire  to  avail  myself  of  the  privilege  of 
placing  in  the  Record  a  few  remarks  on  the  life  of  Sen- 
ator JOHN  W.  DANIEL,  of  Virginia. 

I  am  glad,  Mr.  Speaker,  to  add  my  humble  words  of 
tribute  to  the  life  of  the  distinguished  Senator  of  our 
State  in  whose  memory  these  services  are  held  to-day. 

I  knew  Senator  DANIEL  well,  if  not  intimately,  and  his 
death  was  to  me  a  personal  loss  as  well  as  a  source  of 
grief  to  an  entire  Commonwealth.  For  a  period  of  over 
30  years  he  had  been  the  most  conspicuous  figure  in  the 
life  and  politics  of  our  State,  though  in  later  years  his 
great  powers  belonged  rather  to  the  Nation  than  to  the 
State,  and  I  can  say  that  no  one  occupied  a  warmer  place 
in  the  hearts  of  the  Virginia  people  than  did  this  great 
orator  and  statesman. 

His  death  is  not  only  to  me  a  personal  loss,  but  it  is  a 
State  loss  as  well,  since  he  left  no  one  to  take  his  place. 
He  was  the  last,  and  certainly  the  best,  of  that  type  of 
statesman  and  orator  that  made  Virginia  famous  in  the 
early  days  of  the  Republic.  The  spirit  of  the  early 
fathers  lived  and  breathed  anew  in  him,  and  all  Virginia 
felt  that  in  his  courtliness  of  manner,  his  knightly  bear- 
ing, and  fervid  eloquence  were  reproduced  the  manners 
and  the  life  of  those  who  contributed  most  to  the  estab- 
lishment of  our  national  life.  It  was  for  this  in  part  that 
Virginia  loved  him,  and  the  more  reason  why  Virginians, 
proud  of  their  illustrious  traditions,  mourned  his  death. 
His  legal  learning,  his  genteel  manners,  his  power  of 


[118] 


ADDRESS  OF  MR.  SLEMP,  OF  VIRGINIA 


speech,  and  his  love  of  country  would  have  made  him  a 
fit  compatriot  and  coworker  with  Jefferson,  with  Madison, 
with  Monroe,  and  with  others  of  that  period  who  have 
written  their  names  **  where  time  should  not  efface  them 
and  where  all  men  should  behold  them." 

I  was  drawn  to  him  by  his  indescribable  charm  of  man- 
ner and  the  goodness  of  heart  and  soul  that  radiated  from 
him  in  every  action  he  took.  I  believe  all  his  people  felt 
this  way  about  him.  They  saw  in  him  a  representative 
of  their  glorious  past,  of  their  own  imperishable  history, 
and  they  loved  him,  they  followed  him,  and  honored  him 
as  they  have  done  no  other  in  recent  years. 

Richly  endowed  with  personal  charms,  of  magnetic, 
even  majestic,  presence,  classic  features,  distinguished 
bearing,  he  had  in  his  very  appearance  the  power  to 
please.  Gifted  far  beyond  the  ordinary,  both  physically 
and  mentally,  his  restless  nature  forced  him  into  every 
conflict,  whether  of  war  or  peace,  in  which  either  his 
State  or  his  fellow  citizens  participated. 

From  the  time  he  shouldered  a  musket  in  the  defense 
of  his  State  to  the  day  he  breathed  his  last,  a  recipient 
of  the  highest  honor  a  grateful  State  could  bestow  on 
him,  he  was  a  part  of  every  movement  in  which  Virginia 
was  interested. 

His  life  was  as  varied  as  were  his  accomplishments. 
His  versatile  mind  turned  with  rapidity  from  problems 
of  law  and  jurisprudence  to  battles  in  the  political  field 
for  party  supremacy,  and  thence  to  a  consideration  of 
the  great  questions  affecting  the  Nation. 

His  personal  career  was  mainly  triumphant.  He  fought 
with  distinction,  was  seriously  wounded  on  the  field  of 
battle,  and  his  body  ever  afterwards  bore  mute  testimony 
of  the  sacrifice  he  made  for  the  sake  of  the  lost  cause. 

Believing  with  all  his  heart  and  soul  and  mind  in  the 
principles  of  Jeff  ersonian  democracy,  he  was  the  unques- 


[119] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

tioned  leader  of  his  party  in  his  State  for  over  a  genera- 
tion. His  successes  were  at  times  tempered  by  defeats, 
but  these  did  not  embitter  him  nor  dissuade  him  from 
his  course.  They  seemed  to  inspire  him  to  greater  effort, 
until  at  last  they  were  crowned  with  the  full  measure  of 
success. 

As  an  orator  he  will  be  remembered  so  long  as  senti- 
ment is  a  moving  cause  to  human  action  and  the  human 
heart  responds  to  the  appeals  of  pure  eloquence.  His 
style  was  that  of  a  Cicero,  copious  and  grateful,  rather 
than  of  a  Demosthenes,  condensed  and  powerful.  In 
incomparable  beauty  of  language  and  purity  of  diction 
he  interpreted  the  sentiments  of  his  people.  He  drew  from 
the  history  of  all  ages  and  from  every  nation  and  from 
the  lives  of  great  men  of  every  tongue  and  clime  the  facts, 
the  examples,  the  contrasts,  the  lessons,  and  the  inspira- 
tion as  from  an  inexhaustible  mental  reservoir  with  which 
to  adorn  a  subject  or  point  a  moral. 

Just  before  Maj.  DANIEL  entered  upon  his  congressional 
career  and  before  he  became  a  national  figure  he  repre- 
sented Virginia  as  one  of  the  orators  on  the  occasion  of 
the  dedication  of  the  Washington  Monument.  I  have 
been  told  that  as  one  sentence  followed  close  upon  an- 
other in  this  great  oration,  DANIEL  seemed  to  grow  in 
stature,  until  he  loomed  high  above  things  terrestrial, 
and  drew  down,  from  the  vaults  of  the  celestial,  language 
comprehensive  of  his  great  theme.  In  one  of  his  eloquent 
paragraphs  he  said  of  the  Father  of  his  Country: 

Brilliant  I  will  not  call  him,  if  the  brightness  of  the  rippling 
river  exceed  the  solemn  glory  of  Old  Ocean.  Brilliant  I  will  not 
call  him,  if  darkness  must  be  visible  in  order  to  display  the  light; 
for  he  had  none  of  that  rocket-like  brilliance  which  flames  in 
instant  coruscation  across  the  black  brow  of  night,  and  then  is 
not.  But  if  a  steady,  unflickering  flame,  slow  rising  to  its  lofty 
sphere,  high  hung  in  the  heavens  of  contemplation,  dispensing 


[120] 


ADDRESS  OF  MR.  SLEMP,  OF  VIRGINIA 


far  and  wide  its  rays,  revealing  all  things  on  which  it  shines  in 
the  proportions  and  large  relations,  making  right,  duty,  and 
destiny  so  plain  that  in  the  vision  we  are  scarce  conscious  of 
the  light — if  this  be  brilliancy — then  the  genius  of  Washington 
was  as  full  orbed  and  luminous  as  the  god  of  day  in  his  zenith. 

And  his  peroration!  It  breathed  the  very  soul  of 
patriotism  and  rose  to  the  highest  pinnacle  of  true 
eloquence.  I  will  only  quote  a  part  of  it: 

Long  live  the  United  States  of  America,  filled  with  the  free, 
magnanimous  spirit,  crowned  by  the  wisdom,  blessed  by  the 
moderation,  hovered  over  by  the  guardian  angel  of  Washington's 
example;  may  they  ever  be  worthy  in  all  things  to  be  defended 
by  the  blood  of  the  brave,  who  know  the  rights  of  man  and  shrink 
not  from  their  assertion;  may  they  each  be  a  column,  and  alto- 
gether, under  the  Constitution,  a  perpetual  temple  of  peace,  un- 
shadowed by  a  Caesar's  palace,  at  whose  altar  may  freely  com- 
mune all  who  seek  the  union  of  liberty  and  brotherhood. 

Thenceforth  DANIEL  took  his  rightful  place,  not  alone  as 
Virginia's  greatest  orator,  but  as  belonging  to  the  whole 
Nation. 

He  was  not  only  a  gifted  orator,  but  a  profound  lawyer, 
a  leader  of  the  bar,  and  an  author  of  great  distinction. 
The  whole  realm  of  law  was  explored  by  him,  and  in  this 
vast  theater  his  abilities  had  full  play.  Whether  as  ad- 
vocate or  defender  in  the  common-law  causes  or  as  ex- 
pounder or  interpreter  of  the  Federal  Constitution,  he 
was  a  distinguished  authority.  Practitioners  at  every 
bar,  as  well  as  students  of  the  common  law,  in  the  years 
to  come  know  and  will  know  JOHN  WARWICK  DANIEL  for 
the  legacies  he  left  to  the  profession  when  he  contributed 
to  the  bibliography  of  law  the  volumes  entitled  "  Daniel 
on  Negotiable  Instruments "  and  "  Daniel  on  Attach- 
ments." And  the  pages  of  congressional  history  will 
more  than  once  be  consulted,  and  interpretations  by 
DANIEL  of  constitutional  questions  be  quoted  as  furnishing 
high  authority. 

[121] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

As  a  statesman  it  was  given  to  few  men  as  it  was  to 
DANIEL  the  influence  and  power  to  exercise  the  mastery 
over  and  to  control  the  destinies  of  the  people  of  a  great 
Commonwealth  as  he  exercised  and  controlled  affairs  in 
the  State  of  Virginia.  The  people  of  that  State  were  his 
willing  followers.  They  loved  and  trusted  him.  They 
saw  in  him  the  reincarnation  of  illustrious  sons  who  had 
made  Virginia  famous  in  the  Nation's  history.  No  honor 
within  their  gift  was  too  great  to  bestow  upon  him.  They 
chose  him  to  represent  them  in  high  and  exalted  places — 
in  both  houses  of  the  legislature,  in  constitutional  conven- 
tions, in  the  National  House,  and  in  the  United  States 
Senate,  in  Democratic  State  and  National  conventions, 
and  but  for  political  exigencies  and  conditions  would 
probably  have  been  nominated  by  his  party  for  Chief 
Executive  of  the  Nation. 

The  constitution  of  Virginia,  many  of  its  laws,  much 
of  the  common-law  practice  of  its  courts,  and  the  govern- 
ment of  its  municipalities  reflect  the  judgment,  the  learn- 
ing, and  the  wisdom  of  JOHN  W.  DANIEL.  Under  his 
leadership,  by  his  wise  counsel  and  advice,  his  party  in 
Virginia  stood  for  the  last  quarter  of  a  century  true  to 
the  traditions  and  tenets  of  democracy  as  interpreted  by 
national  platforms,  in  the  construction  of  whose  planks 
DANIEL  was  a  potential  factor.  In  the  nature  of  things 
he  left  the  impress  of  his  magnetic  personality  and  his 
rare  genius  upon  the  warp  and  woof  of  Virginia's  social, 
political,  and  industrial  life.  That  this  can  not  also  be 
said  of  him  in  its  fullness  as  a  national  figure  is  due  alone 
to  the  vicissitudes  of  the  Democratic  Party  and  to  the 
limitations  of  the  opportunities  offered  him  in  the  wider 
field  of  national  politics  and  not  to  the  lack  of  anything 
in  him  that  would  have  made  for  success  if  political  con- 
ditions had  been  favorable  for  the  crystallization  of  party 
principles  into  public  policy.  Yet,  notwithstanding  his 


[122] 


ADDRESS  OF  MR.  SLEMP,  OF  VIRGINIA 


political  environment,  hostile  and  uncongenial  as  it  was 
throughout  the  greater  part  of  his  service  in  Congress, 
DANIEL  wielded  a  tremendous  influence  in  the  shaping  of 
legislation  during  two  decades  of  service  in  the  Senate. 

He  was  a  State  rights  Democrat  and  for  a  strict  con- 
struction of  the  Constitution,  not  in  the  narrow,  circum- 
scribed sense  that  the  terms  might  imply,  but  broadly, 
reasonably,  in  the  light  of  that  deep  study  to  which  he 
had  given  the  subject.  The  line  of  demarcation  between 
the  powers  of  the  several  States  and  the  powers  of  the 
National  Government  was  plain  to  him,  and  he  defined 
and  elucidated  those  powers  with  a  distinctness  and  clear- 
ness of  diction  that  carried  conviction.  He  was  as  zeal- 
ous in  preserving  the  one  as  the  other,  and  in  this  showed 
a  degree  of  statesmanship  that  lifted  him  far  above  the 
plane  of  partisanship  and  provincialism  and  stamped  him 
as  a  safe,  sound,  and  wise  publicist,  who  would  insist 
upon  the  sovereignty  of  the  Nation  as  well  as  of  the  States. 
This  was  best  exemplified  in  the  great  Chicago  strike, 
when  President  Cleveland,  without  response  to  an  invi- 
tation from  the  governor  of  the  State  of  Illinois,  sent 
troops  to  quell  the  riots  so  that  the  United  States  mails 
could  pass. 

Maj.  DANIEL  sustained  the  action  of  the  President,  and 
in  support  of  a  resolution  indorsing  his  action,  said,  in 
part,  as  follows : 

Mr.  President,  I  had  hoped  that  such  a  resolution  as  this  in  a 
time  of  public  peril  like  that  which  now  confronts  us  would  pass 
the  Senate  without  objection,  without  delay,  without  debate. 

There  are  some  things  which  go  without  saying,  and  it  should 
go  without  saying  that  this  is  not  a  matter  on  which  parties  may 
fairly  divide.  He  who  brings  in  the  name  of  party  in  a  partisan 
sense,  whether  it  be  Republican,  Democratic,  or  Populist,  forgets 
due  recognition  of  his  duty  as  a  patriot. 

In  this  resolution  I  have  simply  summarized  the  provisions  of 
the  Constitution  which  bear  directly  on  the  existing  situation, 

[123] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

and  which  point  the  pathway  of  duty  to  the  President;  and  I  have 
given  expression  to  that  sense  of  approbation  of  his  course  which 
pervades  all  classes  of  thinking  and  patriotic  citizens. 

I  am  a  State  rights  Democrat,  who  would  not  like  to  see  the 
muniments  of  local  self-government  overriden.  But  I  am  also 
a  national  Democrat,  who  would  not  like  to  see  the  muniments 
of  national  authority  and  national  safety  destroyed. 

Anarchy  is  no  remedy  for  anything.  It  intensifies  every  evil 
that  exists.  It  impedes  every  remedial  process.  It  should  be 
stamped  out  wherever  it  shows  itself. 

The  President  is  Commander  in  Chief  of  the  Army  and  Navy. 
He  has  the  plain  right,  and  it  is  his  plain  duty,  to  employ  them 
whenever  and  wherever  the  Constitution  and  laws  of  the  Federal 
Government  are  forcibly  resisted  by  combinations  of  men. 

The  establishment  of  post  offices  and  post  roads  and  the  trans- 
portation of  the  mails  through  and  by  them  is  a  Federal  matter. 
Commerce  among  the  States — interstate  commerce,  as  distin- 
guished from  local  intrastate  commerce — is  a  Federal  matter. 

The  due  process  of  law  in  the  Federal  courts  is  a  Federal 
matter.  And  in  all  three  of  these  matters  the  President,  having 
imposed  upon  him  the  constitutional  obligation  to  "  take  care 
that  the  laws  be  faithfully  executed,"  has  the  right  to  use  the 
Army  and  Navy  to  that  end,  and  to  oppose  force  by  force. 

I  am  the  friend,  and  have  often  been  the  champion  of  those 
who  work  for  their  daily  bread.  My  sympathy  is  with  them. 
But  they  can  have  no  lot  or  share  with  anarchists,  the  destroyers 
of  property,  the  destroyers  of  life,  the  breakers  of  law,  the  ene- 
mies of  peace,  order,  and  civilized  existence.  They  have  no  place 
in  the  ranks  of  incendiaries,  and  they  have  no  enemy  who  can 
be  so  fatal  to  their  every  interest  as  those  who  seek  to  fire  them 
into  defiance  of  law. 

The  President  is  right  in  dealing  promptly  with  lawbreakers. 
He  ought  to  be  upheld  and  cordially  and  unstintedly  supported 
here,  as  he  will  be  throughout  this  land,  by  upright  and  law- 
abiding  citizens. 

Sections  and  parties  disappear  in  the  face  of  society  imperiled. 
We  should  know  only  the  country,  the  Constitution,  and  the 
laws;  and,  as  the  President  says,  in  such  an  emergency  discussion 
may  be  well  postponed.  Peace,  order,  and  obedience  to  law  are 
the  conditions  precedent  to  discussion;  with  them  assured,  griev- 
ances will  be  heard,  rights  protected,  and  wrongs  redressed. 

[124] 


ADDRESS  OF  MR.  SLEMP,  OF  VIRGINIA 


These  are  words  of  a  statesman  and  patriot.  Rising 
above  the  political  conditions  of  that  hour,  unmindful  of 
the  effect  upon  his  own  or  his  party's  future,  Senator 
DANIEL  was  for  upholding  the  arm  of  the  Federal  Gov- 
ernment for  the  protection  of  life  and  property  against  a 
condition  of  anarchy  which  supine  and  indifferent,  if  not 
to  say  sympathetic,  State  authorities  made  no  serious 
attempt  to  suppress. 

While  he  was  distinguished  in  so  many  lines  of  useful 
endeavor,  as  orator,  statesman,  soldier,  scholar,  and 
lawyer,  he  was  preeminent  as  a  Christian  gentleman. 
His  was  the  atmosphere  of  benignity,  self-effacement,  and 
Christian  charity.  It  has  been  said  by  one  of  his  admirers 
that  his  Christian  nature  and  his  fighting  spirit  were 
combined  compatibly. 

While  I  did  not  belong  to  his  political  party  nor  look 
upon  national  problems  from  the  same  point  of  view  as 
he  did,  yet  I  always  regarded  him  as  a  valiant  and  an 
honorable  foe.  Our  differences  were  never  mentioned, 
and  I  entertained  for  him  the  warmest  personal  regard. 
I  have  seen  him  on  the  hustings  proclaiming  the  prin- 
ciples of  his  party;  I  have  listened  to  his  matchless  elo- 
quence in  paying  tribute  to  a  departed  comrade;  I  have 
gone  with  him  in  presenting  matters  to  the  President  of 
the  United  States;  and  I  have  observed  him  in  the  great 
intellectual  forum  where  he  spent  so  many  years  of  his 
useful  life.  Under  all  the  circumstances  he  was  the  same 
calm,  dignified  man,  considerate  of  the  wishes  of  others, 
powerful  in  argument,  and  persuasive  in  speech.  I  feel 
the  better  for  having  known  him.  I  feel  the  better  for 
what  he  was  and  for  what  he  is.  What  is  mortal  of  him 
has  returned  to  the  dust  from  which  he  was  formed,  but 
his  immortal  soul,  the  life  of  the  man  himself — that  which 
moved  and  lived  and  had  its  being  here — still  lives,  and 


[125] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

will  live  through  eternity.  In  this  he  believed,  in  this  I 
believe,  without  which  belief  we  are  of  all  men  miserable. 

For  his  character  and  example  and  greatness  among 
men;  for  the  hand  of  cordial  friendship  and  good  will 
held  out  to  me  when  first  I  came  a  stranger  to  these  Halls; 
for  the  sake  of  my  revered  father,  who  served  in  the  Con- 
federacy at  the  same  time  as  Maj.  DANIEL;  for  his  gal- 
lantry in  the  vanquished  cause  of  the  Southland;  and  for 
his  lofty,  patriotic  love  for  our  common  and  reunited 
country  I  honor  and  revere  his  memory. 

May  he  rest  from  his  labors,  and  may  his  works  follow 
him. 

Mr.  LAMB  assumed  the  chair  as  Speaker  pro  tempore. 


[126] 


ADDRESS  OF  MR.  FLOOD,  OF  VIRGINIA 

Mr.  SPEAKER:  The  flower  which  I  would  lay  upon  the 
tomb  of  Senator  DANIEL  is  the  forget-me-not,  the  emblem 
of  enduring  affection.  I  knew  him  well;  I  esteemed  him 
most  highly;  I  cherished  for  him  a  sentiment  that  was 
closer  than  esteem  and  partook  of  the  attributes  of  sacred 
confidence  and  warm  personal  affection. 

When  I  entered  the  Virginia  Legislature  a  youth  of  22 
years  he  was  a  United  States  Senator  from  Virginia  and 
was  my  friend,  my  counselor,  and  adviser.  From  that 
day  to  the  hour  when  his  enfranchised  spirit  entered  that 
undiscovered  country  from  whose  bourne  no  traveler 
returns  my  relations  with  him  were  close.  I  was  his  de- 
voted follower  and  admirer,  and  I  have  grieved  deeply 
at  the  loss  which  I  sustained  in  his  death. 

It  is,  Mr.  Speaker,  indeed  a  tribute  to  our  better  nature 
to  be  grieved  when  our  friends  depart  from  among  the 
living.  Our  humanity  would  not  be  worth  the  having 
without  this  attribute;  but  as  we  stand  by  the  graves  of 
our  friends  we  are  comforted  by  the  counsel  of  the  Holy 
Writ,  "  Not  to  sorrow  for  them  that  are  asleep  even  as 
those  who  have  no  hope." 

We  all,  sir,  have  our  natural  ambitions  to  act  well  our 
parts  among  our  fellows;  we  are  emulous  to  do  our  State 
some  service,  but  there  are  few  of  us  whose  best  and 
supremest  aspiration  is  not  to  leave  the  world  a  little 
darkened  at  our  departure.  Senator  DANIEL'S  death 
caused  widespread  sorrow  in  his  State  and  in  this  Nation. 
When  the  wires  flashed  the  sad  tidings  a  pall  of  gloom 
was  cast  over  the  entire  State  of  Virginia  and  that  pall 


[127] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

has  not  yet  been  lifted.  No  son  of  Virginia  among  all  the 
splendid  galaxy  of  her  great  men  was  more  universally 
loved  in  life  or  more  deeply  mourned  in  death.  The 
people  of  Virginia  loved  him  because  he  loved  them. 
They  were  true  to  him  because  he  was  true  to  them. 
They  honored  him  because  in  so  doing  they  honored 
themselves. 

JOHN  WARWICK  DANIEL  was  born  in  the  city  of  Lynch- 
burg,  Va.,  on  September  5,  1842.  His  home  was  in  that 
city  and  on  his  farm  on  its  outskirts  during  his  entire 
life.  He  came  of  a  long  line  of  distinguished  people. 
His  grandfather,  William  Daniel,  sr.,  was  a  lawyer  of 
great  ability  and  one  of  the  most  magnetic  and  bril- 
liant debaters  and  orators  Virginia  has  produced.  His 
father,  William  Daniel,  jr.,  was  a  distinguished  lawyer, 
and  for  years  was  a  member  of  the  Supreme  Court  of 
Appeals  of  Virginia.  His  mother  was  of  the  noted  War- 
wick family. 

He  was  educated  in  the  private  schools  of  Lynchburg, 
at  the  Lynchburg  College,  and  the  Gessner  Harrison 
School,  of  Nelson,  and  after  the  war  studied  law  at  the 
University  of  Virginia,  where  he  distinguished  himself  in 
the  classroom  and  in  the  debating  society.  A  commence- 
ment oration — "  The  People  " — delivered  while  a  student 
at  this  institution  sent  him  forth  into  the  world  a  marked 
and  distinguished  man. 

While  he  was  at  the  school  of  Prof.  Harrison  the  Vir- 
ginia ordinance  of  secession  was  passed.  There  was  no 
hesitation  on  the  part  of  the  young  student  of  18  to  go 
with  his  State  in  her  ultimate  decision.  As  soon  as  the 
call  of  Virginia  rang  out  through  the  hills  and  valleys  of 
the  old  Commonwealth,  summoning  her  sons  to  her  de- 
fense, the  first  among  the  foremost  to  rally  to  her  side 
was  this  ardent  schoolboy.  As  a  soldier  he  was  distin- 
guished for  reckless  courage,  an  accurate  knowledge  of 

[128] 


ADDRESS  OF  MR.  FLOOD,  OF  VIRGINIA 


military  affairs,  and  for  untiring  and  loyal  devotion  to 
every  duty  imposed  upon  him.  He  was  a  private,  a  sec- 
ond lieutenant,  a  first  lieutenant,  and  a  major  and  chief 
of  staff  of  Gen.  Jubal  A.  Early.  He  was  wounded  five 
times,  three  times  at  the  first  battle  of  Manassas,  again 
at  Boonsboro,  Md.;  and  at  the  Wilderness,  on  May  6, 
1864,  while  gallantly  leading  the  charge  of  the  Thirty- 
third  Regiment  of  the  old  Stonewall  Brigade,  he  received 
the  cruel  wound  which  sent  him  limping  through  life  and 
darkened  all  of  his  days  with  suffering  and  pain.  There 
on  the  blood-stained  field,  when  full  high  rolled  the  crim- 
son tide  of  battle,  he  fell,  a  hero,  while  his  comrades 
swept  on  to  victory.  This  wound  ended  his  military 
service,  and  but  for  this  fact  it  is  believed  that  he  would 
have  been  made  a  brigadier  general  soon  after  the  Battle 
of  the  Wilderness,  and  that  his  military  career  would 
have  been  as  brilliant  as  in  subsequent  years  his  career 
in  civil  life  was. 

But,  Mr.  Speaker,  it  was  not  alone  in  the  times  which 
tried  men's  souls  that  the  patriotism  and  devotion  of 
Senator  DANIEL  to  Virginia  was  conspicuous.  When  the 
war  was  over  and  unprincipled  adventurers  from  without 
and  renegades  from  within  came  like  a  pestilence  to 
blight  the  small  remnants  we  had  left  from  the  sword 
and  torch,  he  was  the  leader  in  the  defense  of  the  heritage 
and  institutions  of  his  people. 

Amid  the  anarchy  of  the  reconstruction  period,  down 
through  all  the  great  struggles  for  the  supremacy  of 
virtue  and  intelligence  in  the  control  of  our  Government, 
and  for  the  preservation  of  society  and  Anglo-Saxon 
civilization  to  1902,  when  this  danger  to  these  was  swept 
away  by  a  constitution  germinating  in  the  hearts  of  the 
Virginia  people  and  fashioned  by  a  convention  of  their 
own  choosing,  it  was  he  who  stood  forth  as  Virginia's 
greatest  champion. 

1004°— 11 9  [129] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Though  left  by  the  storms  of  war  with  body  broken 
and  fortunes  spent,  yet  in  every  struggle  between  Vir- 
ginia and  her  foes,  foreign  or  domestic,  he  was  always 
on  the  firing  line,  and  with  voice  and  mind  and  means 
aggressively  maintained  her  cause. 

For  30  years  he  was  the  undisputed  leader  of  the  Vir- 
ginia Democracy,  and  the  most  prominent  figure  in  our 
party  conventions;  and  in  addition  to  this,  he  was  the 
most  beloved  citizen  of  the  State.  This  love  for  Senator 
DANIEL  was  confined  to  no  particular  sections,  but  from 
where  the  billowy  Atlantic  washes  our  eastern  front,  to 
the  lofty  ridge  which  receives  its  name  from  the  bending 
heavens  that  bathe  its  summits  in  their  own  soft  blue, 
and  beyond  to  where  the  Cumberland  Range  marks  our 
remotest  western  border;  everywhere  the  citizens  of  Vir- 
ginia vied  with  one  another  in  unbounded  admiration 
and  love  for  the  noble  gentleman,  the  maimed  Confed- 
erate soldier,  the  brilliant  orator,  the  profound  constitu- 
tional lawyer,  the  sound  statesman,  whom  they  delighted 
to  acknowledge  as  their  unchallenged  leader. 

STATESMANSHIP 

Senator  DANIEL  early  entered  public  life.  He  served 
in  the  Virginia  House  of  Delegates  from  1869  to  1871,  in 
the  State  Senate  from  1875  to  1881,  and  in  the  constitu- 
tional convention  of  Virginia  of  1901-2.  His  service  in 
these  bodies  was  brilliant  and  was  productive  of  much 
good  legislation.  He  was  the  author  of  the  franchise  pro- 
vision of  the  present  constitution  of  the  State,  and  its 
adoption  was  secured  by  reason  of  his  great  influence 
with  the  convention.  Through  his  service  in  these  bodies 
his  constructive  statesmanship  was  woven  into  the  very 
warp  and  woof  of  the  laws  of  his  native  State.  He  served 
two  years  in  this  body  and  23  years  at  the  other  end  of 
the  Capitol  as  a  Senator  from  Virginia,  and  at  the  time  of 


[130] 


ADDRESS  OF  MR.  FLOOD,  OF  VIRGINIA 


his  death,  though  he  had  not  served  out  his  fourth  term, 
he  had  been  reelected  for  a  fifth  term.  For  years  he  was 
one  of  the  great  members  of  the  Committees  on  Foreign 
Relations,  Appropriations,  and  Finance  of  the  Senate,  and 
was  potential  in  the  settlement  of  all  matters  affecting 
our  relations  with  foreign  countries  and  the  appropria- 
tions and  revenues  of  this  Government.  His  ability  as  a 
debater  and  his  complete  knowledge  of  public  questions 
made  him  a  leading  figure  on  the  floor  of  the  Senate,  and 
gained  him  a  national  reputation  which  gave  him  in  the 
minds  of  the  public  the  place  he  so  well  deserved,  as  one 
of  the  greatest  of  American  statesmen.  He  was  for  years 
prominent  in  the  Democratic  national  conventions,  and 
was  influential  in  shaping  the  policies  of  that  party. 

LAWYER 

Senator  DANIEL  was  a  great  and  learned  lawyer.  When 
25  years  of  age  he  published  a  work  on  "Attachments," 
which  is  to-day  found  in  every  well-equipped  law  library 
in  Virginia,  and  later  on  he  published  a  work  on  **  Nego- 
tiable Instruments,9*  in  two  large  volumes,  which  is  con- 
stantly quoted  by  the  courts  of  last  resort,  both  in  this 
country  and  in  England.  For  years  he  had  a  large  prac- 
tice in  the  State  and  Federal  courts  of  Virginia  and  in  the 
Supreme  Court  of  the  United  States.  Whether  in  the 
trial  or  appellate  court,  he  was  always  ready.  He  was 
thorough  in  the  preparation  and  magnificent  in  the  pres- 
entation of  a  case.  Some  of  his  most  powerful  and 
impassioned  speeches  were  at  the  bar  when  a  question  of 
law  or  evidence  was  unexpectedly  sprung  and  when  there 
was  no  opportunity  for  premeditation  or  special  prepara- 
tion. In  these  passages  he  often  reached  an  altitude  of 
oratory  and  fierce  invective  that  has  not  been  surpassed 
since  the  great  Roman  orator  drove  Catiline  in  consterna- 
tion from  the  Senate,  or  when  Pericles  brought  the  display 
of  Athenian  eloquence  to  its  highest  pinnacle  of  splendor. 

[131] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 


ORATOR 


He  was  one  of  Virginia's  great  orators.  That  beautiful 
creation  of  his  mind  and  heart,  the  oration  on  Lee  deliv- 
ered at  Lexington  in  1883,  had  he  no  other  monument 
to  his  genius,  would  mark  him  as  one  of  the  foremost 
orators  of  his  generation.  It  is  one  of  the  masterpieces 
of  our  language,  which  will  live  for  ages,  yielding  an 
inspiration  to  higher  and  nobler  aspirations.  Scores  of 
triumphs  nearly  as  great  as  this  mark  his  career.  His 
orations  covered  a  wide  field  and  are  read  with  delight 
to-day  by  thousands.  His  oratory  was  of  the  richer  style 
of  the  old  school  and  always  delighted  and  enchanted 
his  hearers. 

It  is  not  easy,  Mr.  Speaker,  to  decide  in  the  display  of 
his  magnificent  powers  whether  in  the  forensic  field  or 
in  the  arena  of  oratory  our  admiration  is  the  more 
excited;  for  by  a  rare  combination  he  may  be  said  to  have 
united  in  his  splendid  personality  the  encomiums  which 
Cicero  divided  between  the  two  most  distinguished  citi- 
zens of  Rome  when  he  declared  the  one  to  be  the  orator 
most  learned  in  the  law  and  the  other  the  lawyer  most 
renowned  for  oratory. 

Senator  DANIEL  was  warm  in  his  friendships,  and  not 
only  had  very  devoted  admirers,  but  there  were  many 
who,  in  the  words  employed  by  Ben  Jonson  toward  the 
Bard  of  Avon,  "loved  him  to  idolatry,"  and  this  was 
largely  because  they  believed  so  implicitly  in  his  integrity 
and  his  loyalty  to  his  convictions.  In  a  day  when  the 
commercial  spirit  threatened  to  dominate  our  land,  it 
was  pleasant  to  turn  to  this  thoughtful  figure,  this  idealist, 
whose  dreams  and  aspirations  were  not  controlled  by  the 
pulsations  of  the  stock  market  nor  measured  by  the 
stunted  standard  of  present  successes.  His  voice  never 
delivered  an  uncertain  sound. 


[132] 


ADDRESS  OF  MR.  FLOOD,  OF  VIRGINIA 


Such,  Mr.  Speaker,  in  meager  outline  was  the  career  of 
Senator  DANIEL.  It  was  indeed  a  high  and  a  fine  career 
of  service  to  mankind,  than  which  there  is  nothing  higher 
beneath  the  circuit  of  the  sun.  Such  aims  and  ends  con- 
stitute the  only  real  royalty,  for — 

Herein  stands  the  office  of  a  king, 
His  honor,  virtue,  merit,  and  chief  praise, 
That  for  the  public  all  this  weight  he  bears; 
Yet  he  who  reigns  within  himself  and  rules 
Passions,  desires,  and  fears  is  more  than  king. 

x 

No  questionable  act  ever  marked  the  fair  pages  of  his 
private  or  public  life.  He  stood  in  the  fierce  light  which 
beats  against  the  throne,  but  no  flaw  was  ever  found  in 
his  armor  through  which  the  shafts  of  envy  and  slander 
could  enter  and  wound  his  fame.  He  was  gentle  yet 
strong,  courteous  yet  brave,  ready  to  extend  the  soft 
hand  of  charity  and  grasp  with  comprehensive  thought 
the  great  questions  of  government  and  law.  It  is  of  such 
a  man  that  the  greatest  of  ancient  philosophers  affirmed — 

The  man  of  great  soul  is  one  who  accounts  himself  worthy  of 
great  things,  being  worthy. 

How  far  removed  from  this  noble  aphorism  is  the 
wretched  plaint  of  Solomon : 

Surely  man  at  his  best  estate  is  vanity. 

Mr.  Speaker,  man  at  his  best  estate  is  thrilled  with  inti- 
mations of  immortality.  Death  to  a  man  like  Senator 
DANIEL  is  but  a  shadow  cast  by  his  transition  to  loftier 
activities — 

He  is  not  dead  but  sleepeth;  well  we  know 

The  form  that  now  lies  mute  beneath  the  sod 

Shall  rise  when  time  the  golden  bugles  blow 
And  pour  their  music  through  the  courts  of  God. 


[133] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

In  his  essay  upon  death  Lord  Bacon  has  pictured  that 
of  Senator  DANIEL  : 

He  that  dies  in  an  earnest  pursuit  is  like  one  that  is  wounded 
in  hot  blood;  who  for  the  time  scarce  feels  the  hurt,  and  there- 
fore a  mind  fixed  and  bent  upon  somewhat  that  is  good  doth 
divert  the  troubles  of  death.  Death  hath  this  also,  that  it  openeth 
the  gate  to  good  fame  and  extinguisheth  envy. 

Mr.  Speaker,  during  the  dreadful  Sepoy  mutiny  in  India, 
when  the  English  garrison  in  Lucknow,  with  the  women 
and  children,  was  beleaguered  by  its  ferocious  and  merci- 
less foes  and  the  fate  of  the  Cawnpore  seemed  staring 
them  in  the  face,  a  cry  was  heard  from  the  little  Scotch 
lassie,  Jeannie  Brown:  '*  Dinna  ye  hear  the  pibroch;  dinna 
ye  hear  the  slogan !  "  Her  eager  and  alert  ear  had  caught 
from  afar  the  sound  of  the  bagpipes  in  the  approaching 
army  of  Sir  Colin  Campbell. 

And  so,  while  our  hearts  are  attuned  to  sorrow  that  a 
life  fraught  with  so  much  good  should  be  cut  off  from 
among  us,  our  chastened  reflections  can  discern  echoes 
of  counsel  and  encouragement  from  his  life  which  should 
animate  us  all  to  a  renewed  and  higher  consecration  to 
worthy  and  unselfish  devotion  to  our  country  and  our 
kind.  And  whilst  among  the  perplexities  of  this  world 
we  "  can  not  always  see  the  way,"  we  can  all  become 
better  and  stronger  from  the  example  of  such  a  life;  and 
with  pride  and  gratitude  for  such  a  career,  we  can  cry 
to  our  Father  and  his  Father: 

Lord,  I  believe;  help  Thou  mine  unbelief, 
And  grant  Thy  servant  such  a  life  and  death. 


[134] 


ADDRESS  OF  MR.  SIMMONS,  OF  NEW  YORK 

Mr.  SPEAKER:  Nothing  has  occurred  since  my  member- 
ship of  this  body  which  has  filled  my  heart  with  such 
profound  grief  as  the  death  of  Senator  JOHN  W.  DANIEL. 

I  have  listened  to-day  with  the  keenest  interest  to  the 
loving  words  that  have  been  spoken  of  him  by  my  col- 
leagues on  this  floor,  and  I  feel  that  such  words  have  come 
from  hearts  that  beat  in  sore  affliction  over  the  loss  of  a 
life  which  was  not  only  dear  to  the  people  of  his  native 
State,  but  an  irreparable  loss  to  all  of  the  people  of  our 
Nation. 

For  many  years  I  was  a  resident  of  the  great  State  of 
Virginia,  residing  in  the  sixth  congressional  district  of 
that  Commonwealth.  The  first  vote  I  ever  cast  for  a  can- 
didate for  Congress  was  given  to  JOHN  W.  DANIEL.  The 
many  years  of  my  residence  in  his  district  gave  me  the 
opportunity  to  know  him  well,  and  therefore  I  could  not 
refrain  from  coming  here  to-day  and  joining  my  col- 
leagues in  paying  a  tribute  to  his  memory. 

I  have  never  known  a  man  in  public  life  who  was  so 
universally  idolized  by  the  people  as  Senator  DANIEL. 
His  sweetness  of  disposition,  purity  of  life,  and  nobility 
of  character  made  him  the  ideal  citizen,  statesman,  and 
patriot. 

The  great  State  of  Virginia  has  furnished  the  Nation 
many  illustrious  men,  whose  achievements  in  public  life 
have  covered  them  with  a  halo  of  glory,  but  the  memory 
of  the  life  and  influence  of  Senator  DANIEL  will  ever 
record  him  a  position  in  that  Commonwealth  as  one  of 
the  first  among  the  greatest,  one  of  the  highest  among  the 
best. 

[135] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

In  my  early  life  spent  in  Virginia  I  learned  to  idolize 
him,  as  did  all  of  the  people  of  that  Commonwealth,  and 
my  love  and  affection  for  him  has  ever  increased  as  his 
rise  to  position  and  fame. 

So  great  has  been  the  confidence  of  the  people  of  Vir- 
ginia in  his  wisdom  and  judgment,  so  profound  their 
admiration  for  his  intellect  and  statesmanship,  so  loyal 
their  affection  for  his  stainless  character,  that  he  has,  for 
a  generation,  been  the  friend  and  mentor  of  all. 

His  death  meant  a  personal  loss  to  each  of  us.  His 
ability,  his  devotion  to  the  country,  his  high  character 
we  love  to  recall.  He  was  beloved  by  all  who  knew  him, 
and  to  those  of  us  who  serve  in  this  body  his  death  leaves 
a  place  in  our  ranks  which  can  not  be  filled. 

His  ambition  was  to  serve  his  country  according  to  his 
highest  standard  of  duty,  and  he  died  as  he  had  lived, 
faithful  to  the  people  to  the  last,  leaving  a  name  that  will 
hereafter  always  be  found  in  the  list  of  the  ablest,  the 
most  useful,  and  most  honored  of  its  citizens. 

By  precept  and  example  he  contributed  to  the  virtue 
and  morality  of  every  circle  he  entered;  truth,  right,  and 
justice  were  always  present  with  him.  But  he  lives  not 
alone  in  the  loving  hearts  of  friends  and  families,  but  in 
the  blessed  influence  he  left  behind,  which  will  help  to 
make  in  his  own  image  the  lives  of  those  who  come  after 
him.  His  wisdom,  eloquence,  and  powers  of  argument 
were  unsurpassed  by  any  man  that  I  have  ever  known; 
in  fact,  his  eloquence  and  earnestness  were  simply  irre- 
sistible; and  I  have  never  known  a  public  speaker  who 
could  more  effectively  charm  and  delight  an  audience 
than  Senator  DANIEL.  His  life  has  been  safely  entwined 
within  the  affectionate  gratitude  and  loyal  remembrance 
of  everyone  who  knew  him. 


[136] 


ADDRESS  OF  MR.  BRANTLEY,  OF  GEORGIA 

Mr.  SPEAKER:  JOHN  WARWICK  DANIEL,  late  a  Senator 
from  the  Commonwealth  of  Virginia,  came  into  life  on 
September  5,  1842,  and  passed  away  in  death  on  June  29, 
1910.  His  days  upon  earth  were  a  little  under  the  allotted 
three  score  years  and  ten  given  to  man,  but  in  them  he 
lived  an  extraordinary  full  life.  The  deeds  he  wrought  by 
tongue  and  pen  and  sword  illumine  the  pages  of  our 
country's  history. 

Springing  from  a  long  line  of  illustrious  ancestry  and 
cradled  in  the  arms  of  the  Old  Dominion  State,  much  was 
to  have  been  expected  of  him,  and  much  he  gave.  Great 
is  the  handicap  of  him  who  in  our  day  and  in  his  day, 
claiming  Virginia  for  a  mother,  seeks  to  climb  the  hill  of 
fame,  for  there  is  no  State  within  the  Republic  so  rich  in 
illustrious  names  as  is  Virginia.  In  these  names  is  written 
that  of  which  our  country  is  proudest  in  law,  in  govern- 
ment, and  in  patriotism.  Such  names  as  Washington, 
Jefferson,  Madison,  Marshall,  Henry,  Lee,  Randolph,  Tyler, 
Jackson,  and  many  others  that  could  be  mentioned  belong 
to  the  Nation.  Virginia  begot  them,  but  the  Nation  claims 
them.  They  are  a  part  of  our  history.  The  fact  that  Sen- 
ator DANIEL,  with  the  handicap  of  these  names,  carved  one 
for  himself  worthy  and  proper  to  take  its  place  beside 
them  is  perhaps  the  most  significant  event  of  his  great 
career.  It  is  characteristic  of  human  nature,  be  it  a  fault 
or  a  virtue,  to  unduly  magnify  the  achievements  of  those 
who  have  passed  beyond  life's  estate  and  into  the  realms 
of  eternity,  but  none  who  knew  Senator  DANIEL  and  none 


[137] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

who  read  after  him  will  assent  that  his  just  fame  can 
be  magnified.  His  was  a  wonderful  personality  in  the 
variety  of  the  great  talents  given  him.  There  have  been 
great  orators,  but  how  many  great  orators  have  also  been 
great  soldiers  and  great  law  writers?  There  have  been 
great  advocates  in  the  courthouse,  but  how  many  of  them 
have  also  written  learned  treatises  on  the  law? 

Senator  DANIEL  had  eloquence,  but  to  eloquence  he 
added  learning;  to  learning  he  added  patriotism;  and  to 
patriotism  he  added  courage.  He  was  possessed,  too,  of  a 
courtliness  of  manner  that  added  much  to  the  charm  of 
his  striking  personality.  He  was  soldier,  statesman,  ora- 
tor, and  lawyer.  He  was  all  of  these  in  one  and  one  in  all. 
In  each  vocation  he  wrote  his  name  high  on  the  scroll  of 
fame.  Entering  the  Confederate  Army  at  18  years  of  age 
in  the  ranks  of  the  privates,  he  was  discharged  after  the 
Battle  of  the  Wilderness  wounded  for  life,  with  the  rank 
of  major  and  chief  of  staff.  His  courage  and  daring,  his 
alertness,  and  his  mastery  of  the  science  of  war,  all  fore- 
casted still  higher  military  rank  for  him  could  he  have 
remained  in  the  service. 

His  book,  Daniel  on  Negotiable  Instruments,  is  known 
to  every  lawyer  and  every  court  in  our  land,  while  his 
book  on  "Attachments  "  is  also  widely  known.  His  serv- 
ices as  a  statesman  are  to  be  found  in  the  records  of  both 
branches  of  his  State  legislature  and  in  both  branches  of 
the  National  Congress.  For  23  years  he  sat  in  the  Senate, 
and  although  he  had  not  completed  his  fourth  term  there, 
he  had  already  been  elected  to  a  fifth.  His  voice  was 
often  heard  in  clear,  logical,  and  eloquent  debate.  It  was 
as  a  persuader  of  men  by  his  marvelous  gift  of  speech  that 
he  was  most  widely  known.  Whether  in  the  forum  of  the 
Senate  or  the  bar,  on  the  hustings,  in  our  national  conven- 
tions, or  on  memorial  occasions  he  was  ever  the  one  man 
eloquent  "  at  whose  feet  all  could  sit  and  learn  the  art  of 


[138] 


ADDRESS  OF  MR.  BRANTLEY,  OF  GEORGIA 


eloquence."  But  to  me  the  greatest  charm  about  him  was 
that  his  superb  powers  were  always  directed  toward  incul- 
cating patriotism  and  to  the  preservation  of  our  Govern- 
ment as  it  was  written.  He  believed  in  the  Declaration  of 
Independence  as  Jefferson  penned  it;  he  loved  the  glo- 
rious country  that  Washington  "saved";  and  he  trusted 
to  the  uttermost  the  Constitution  of  which  Madison  was 
the  "  father." 

The  evil  of  the  day  in  which  we  live  is  that  we  are  so  far 
removed  from  the  formation  of  our  Government  that  too 
many  have  forgotten,  if  they  ever  knew,  why  or  how  it 
was  formed.  The  people,  as  they  reach  maturity,  see  a 
government  around  and  about  them,  but  whence  it  came 
or  how  it  is  to  be  maintained  too  few  stop  to  inquire.  The 
Work  of  the  fathers  of  the  Republic  was  an  open  book  to 
Senator  DANIEL.  He  knew  that  when  they  came  to  build 
our  Government  they  had  before  them  the  models  of  all 
the  Governments  of  all  the  world,  and  setting  them  all 
aside,  planned  one  the  like  of  which  the  world  had  never 
seen.  Senator  DANIEL  knew  the  fathers  deliberately  re- 
jected the  plan  of  a  pure  democracy,  because  it  had  failed 
in  the  republics  of  old,  and  builded  instead  a  representa- 
tive government.  He  knew  that  they  purposely  divided 
the  powers  of  government  into  three  great  departments, 
the  legislative,  executive,  and  judicial,  and  he  knew  why 
they  did  so.  He  also  knew  why  they  divided  the  govern- 
ment of  the  State  and  the  Nation,  giving  to  each  a  power 
of  its  own  and  making  each  in  its  proper  sphere  independ- 
ent of  the  other,  and  thus  created  a  dual  government. 

Ignorance  of  our  history  and  ignorance  of  our  Govern- 
ment has  suggested  the  most  of  the  new  **  isms  "  of  govern- 
ment so  prevalent  in  the  discussions  in  our  day.  If  all 
knew  the  history  of  each  part  of  our  Government  and 
understood  the  wonderful  checks  and  balances  in  its  for- 
mation, there  would  be  no  clamor  to  change  it  in  any  fun- 


[139] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

damental  respect.  To  convert  a  representative  Govern- 
ment of  over  92,000,000  people  into  a  pure  democracy 
would  be  to  substitute  for  the  present  Government  one  of 
brutal  tyranny  by  a  majority  over  a  great  minority,  result- 
ing in  rebellions  and  revolutions  such  as  have  stained  the 
fair  name  of  other  lands  in  all  the  ages  of  the  world.  Our 
written  Constitution,  without  an  independent  judiciary 
to  construe  it  and  enforce  it,  would  soon  be  but  so  much 
waste  paper.  The  State  government  was  designed  to 
keep  the  people  in  close  touch  with  that  government  deal- 
ing directly  with  their  local  affairs,  while  through  their 
chosen  Representatives  they  would  always  have  a  voice 
in  the  affairs  of  the  Nation.  The  power  of  government 
was  purposely  distributed  between  three  great  depart- 
ments, each  the  equal  of  the  other,  so  that  the  one  would 
ever  be  a  check  upon  the  other  and  arbitrary  power  be 
forever  unknown. 

No  patriotic  citizen  will  contend  that  conditions  to-day 
are  ideal  and  can  not  be  improved  upon,  nor  did  Senator 
DANIEL  so  contend.  His  contention  was  that  we  should 
hold  fast  to  that  which  we  know  to  be  good,  and  instead 
of  seeking  a  pure  Democracy  with  its  initiative,  referen- 
dum, and  recall  we  should  restore  to  the  State  government 
all  of  its  constitutional  functions  and  restrict  the  National 
Government  within  the  limitations  prescribed  for  it  by 
the  Constitution,  and  in  doing  so  see  to  it  that  the  three 
great  departments  of  Government  neither  one  encroaches 
the  one  upon  the  other  and  that  our  judiciary,  the  last 
refuge  of  liberty,  is  kept  forever  free  and  independent. 

Senator  DANIEL  knew  but  too  well  that  the  safety  of  our 
Republic  rests  upon  the  patriotic  intelligence  of  the  people. 
He  learned  this  from  the  teachings  of  Thomas  Jefferson, 
and  his  every  environment  in  historic  Virginia  confirmed 
it.  Patriotism  is  a  vital  necessity  for  the  preservation  of 
liberty  and  constitutional  government,  but  patriotism  to 


[140] 


ADDRESS  OF  MR.  BRANTLEY,  OF  GEORGIA 

be  effective  must  be  accompanied  by  intelligence.  These 
thoughts  come  naturally  and  uncontrollably  in  reviewing 
the  life  of  Senator  DANIEL,  for  they  are  thoughts  embodied 
in  his  life  and  teachings.  He  was  one  of  the  grand  figures 
in  our  legislative  government.  He  came  to  manhood's 
estate  to  be  at  once  baptized  in  fire  and  blood.  His  man- 
hood was  early  tried.  His  devotion  to  his  mother  State 
and  his  patriotism  were  early  tested  and  proved.  All  the 
problems  of  war  and  of  peace  came  to  him  for  solution, 
and  as  they  came  they  found  his  patriotism  and  his  master 
mind  ready.  His  environment,  his  experience,  his  train- 
ing, and  his  heritage  all  combined  to  make  him  the  true 
patriotic  statesman  that  he  was.  He  contributed  greatly 
to  his  country's  glory;  he  did  much  to  ennoble  and  enthuse 
his  fellows;  and  he  did  his  full  share  in  molding  and  di- 
recting public  sentiment  along  patriotic  lines.  Constitu- 
tional government  owes  something  to  him  for  its  preserva- 
tion thus  far,  and  all  of  us  who  labored  with  him  and  are 
yet  left  to  serve  are  the  better  able  to  do  our  humble  parts 
because  of  the  inspiration  of  his  teaching  and  example. 
His  people  honored  him  greatly,  and  greatly  he  honored 
them.  His  name  and  his  fame  here,  at  home,  and  through- 
out the  land  must  be  secure  as  long  as  love  of  liberty  and 
devotion  to  Republican  institutions  live  in  the  hearts  of 
the  people. 


[141] 


ADDRESS  OF  MR.  SMALL,  OF  NORTH  CAROLINA 

Mr.  SPEAKER:  When  we  gather  to  pay  tribute  to  the 
achievements  and  memory  of  a  man,  particularly  one 
whose  life  was  largely  devoted  to  the  public  service,  it  is 
a  happy  reflection  to  feel  that  our  admiration  and  love 
is  universally  shared  by  the  people  whom  he  directly 
served  and  by  those  of  the  whole  country  so  fortunate 
as  to  claim  personal  acquaintance  or  familiarity  with  his 
career.  Such  a  relation  do  we  and  others  sustain  toward 
the  late  JOHN  W.  DANIEL,  the  distinguished  citizen  and  so 
long  a  Senator  from  the  State  of  Virginia. 

Some  men  command  applause  for  their  genius.  Some 
compel  admiration  for  their  intellectual  acumen,  their 
persistence,  and  forcefulness;  some  for  the  material 
things  they  have  wrought.  Others  by  their  high  ideals 
and  fine  character  exact  our  respect  and  consideration. 
But  it  is  only  given  to  the  few  to  receive  as  a  voluntary 
tribute  the  love  and  affection  of  a  whole  people,  to  possess 
their  entire  confidence  and  trust. 

I  shall  not  attempt  even  in  a  brief  way  to  recount  the 
achievements  of  this  distinguished  Virginian.  As  a  sol- 
dier he  offered  the  very  flower  of  his  youth  to  the  service 
of  the  people  of  his  State,  and  his  life,  if  need  be,  was 
tendered  as  a  willing  sacrifice  for  a  cause  they  both  be- 
lieved to  be  right.  As  a  lawyer  and  law  writer  he  brought 
to  the  service  of  this  jealous  mistress  a  goodly  heritage  of 
mental  powers,  which  he  developed  by  assiduous  train- 
ing until  his  learning  and  breadth  of  knowledge  made 
him  a  peer  among  a  galaxy  of  eminent  lawyers.  As  an 

[142] 


ADDRESS  OF  MR.  SMALL,  OF  NORTH  CAROLINA 

orator  among  a  people  where  eloquence  was  indigenous 
and  speech  was  tuned  to  music,  his  magnificent  presence, 
his  musical  voice,  his  pure  English,  and  his  broad  culture 
placed  him  in  rank  with  the  most  eminent  orators  of  the 
Old  Dominion. 

As  a  Senator  he  met  the  loftiest  ideals  in  that  great 
body  and  set  the  pace  for  distinguished  service. 

As  a  statesman  and  publicist  he  brought  to  the  public 
service  a  trained  mind,  a  store  of  knowledge,  a  grounding 
in  the  principles  of  government.,  and  such  sane  and  whole- 
some ideals  of  a  democracy  as  to  make  him  wise  in  coun- 
sel, forceful  in  debate,  and  a  potent  factor  in  shaping 
necessary  and  constructive  legislation. 

All  these  qualities  and  achievements  have  been  de- 
scribed in  these  tributes  in  such  terms  and  with  such 
eloquence  as  I  may  not  hope  to  emulate. 

I  shall  content  myself  with  a  brief  reference  to  some  of 
those  qualities  which  marked  Senator  DANIEL  in  his  rela- 
tions and  intercourse  with  his  kind.  No  man  in  this  world 
can  get  the  things  worth  having,  whether  it  be  wealth, 
station,  or  fame,  without  at  the  same  time  making  him- 
self a  large  debtor  to  this  same  world.  The  account  must 
be  reciprocal.  This  debt  may  be  paid  in  various  ways. 
Contributions  may  be  made  to  those  cooperative  move- 
ments which  seek  to  ameliorate  evils  or  to  elevate  society. 
To  the  individual  with  whom  he  comes  in  contact  he  may 
extend  the  glad  hand  of  succor  and  encouragement.  To  all 
he  may  make  his  presence  a  beacon  of  light  and  a  sweet 
benediction.  Senator  DANIEL,  by  reason  of  the  eminence 
which  he  attained,  became  a  large  creditor  of  humanity, 
but  he  realized  his  obligation.  Freely,  generously,  and 
insistently  he  made  recompense.  Day  by  day  with  lavish 
hand  he  carried  joy  and  gladness.  The  years  as  they 
passed  yielded  useful  fruitage  in  the  promotion  of  many 
agencies  for  human  betterment.  By  this  life  he  drank 


[143] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

deep  at  the  fountain  of  joyous  contentment.  While  the 
people  had  accorded  to  him  high  position  and  the  music 
of  applause  had  often  been  sounded  in  his  ears,  his  sweet 
spirit  was  not  spoiled  and  his  modesty  was  unchanged. 
He  knew  that  it  was  more  blessed  to  give  than  to  receive 
and  that  the  highest  distinction  was  exemplified  in  the 
spirit  of  service.  There  can  be  no  doubt  that  out  of  his 
life  he  gave  more  than  he  received,  and  when  the  grim 
reaper  came  he  left  the  world  his  debtor. 

I  love  to  recall  the  personality  of  the  man.  While 
always  stately  and  dignified  in  manner,  yet  there  was 
nothing  repellent  or  cold  in  his  demeanor.  Beneath  the 
shield  which  repelled  familiarity  there  was  the  gentle 
courtesy,  the  loving  spirit,  and  the  personal  consideration 
which  disarmed  you  in  his  presence  and  made  you  his 
friend.  He  was  of  the  type  of  the  Virginia  gentleman, 
and  there  was  no  higher,  and  in  truth  it  can  be  said  no 
higher  encomium  can  be  paid  to  his  memory. 

One  of  the  most  agreeable  retrospections  which  can 
come  to  me  is  the  recollection  of  my  personal  association 
with  him.  While  neither  frequent  nor  prolonged,  yet 
there  was  never  a  time  when  I  did  not  feel  free  to  consult 
him  on  matters  of  serious  import  or  to  meet  him  in  social 
converse.  There  were  doubtless  times  when  his  daunt- 
less spirit  was  repressed  or  pain  racked  his  body,  but  he 
never  failed  in  the  smile  of  recognition  or  forgot  the 
amenities  of  a  gentleman. 

In  a  recent  conversation  with  another  Virginian,  also 
of  distinguished  ancestry,  he  gave  me  an  anonymous 
definition  of  a  gentleman  which  may  be  fittingly  applied 
to  JOHN  WARWICK  DANIEL: 

A  knight  whose  armor  is  honor 
And  whose  weapon  is  courtesy. 


[144] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 

Mr.  SPEAKER:  The  subject  of  these  exercises  was  born 
in  Lynchburg  in  September,  1842,  and  was  fairly  en- 
titled by  heredity  to  the  robustness  of  intellect  and  graces 
of  character  for  which  he  was  distinguished.  On  both 
sides  of  his  house  he  came  of  distinguished  lineage.  His 
paternal  grandfather,  William  Daniel,  sr.,  was  a  cotem- 
porary  of  James  Madison — serving  with  him  in  the  Vir- 
ginia Legislature  of  1799.  He  was  conspicuous  in  the 
proceedings  of  two  legislatures  of  which  he  was  a  mem- 
ber and  was  one  of  the  ablest  judges  of  that  day,  achieving 
great  distinction  both  as  a  judge  of  the  circuit  court  and 
as  a  member  of  the  court  of  criminal  appeals,  composed 
of  the  circuit  judges  of  the  entire  State. 

Senator  DANIEL'S  father  was  William  Daniel,  jr.,  a 
scholar,  legislator,  and  judge.  At  all  times  Virginians, 
especially  Virginia  lawyers,  have  been  subject  to  the 
fascination  of  political  life,  and  the  most  distinguished 
practitioners  in  that  State  have  not  found  service  in  the 
house  of  delegates  or  the  senate  incompatible  with  the 
most  assiduous  and  successful  pursuit  of  the  law.  Hence 
it  is  not  surprising  to  find  that  Judge  Daniel,  jr.,  like  his 
father,  served  several  terms  in  the  general  assembly 
before  going  on  the  bench.  He  was  first  elected  to  the 
house  of  delegates  in  1831.  His  eminent  abilities  soon 
rendered  him  a  conspicuous  figure  in  that  body.  By  1846 
Judge  Daniel  had  become  one  of  the  foremost  men  of 
Virginia,  and  during  that  year  was  elected  a  judge  of 
the  supreme  court  of  his  State,  a  position  which  he  filled 
with  most  distinguished  ability  for  a  number  of  years. 

10040—11 10  [1451 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

Maj.  DANIEL'S  mother  was  Miss  Sarah  Anne  Warwick,  a 
daughter  of  John  M.  Warwick,  who  was  a  successful 
merchant  in  the  city  of  Lynchburg. 

His  home  was  the  seat  of  a  gracious  and  beautiful  hos- 
pitality which  was  generously  dispensed  until  the  rav- 
ages of  a  cruel  war  swept  away  his  large  fortune.  Judge 
Daniel's  wife  died  young  and  JOHN  W.  DANIEL  and  his 
sister  were,  in  substance  if  not  in  form,  adopted  by  their 
maternal  grandparents,  who  lavished  upon  them  an  affec- 
tion which  was  ardently  returned.  In  later  years  Maj. 
DANIEL,  in  speaking  of  his  grandfather,  John  M.  War- 
wick, paid  him  a  tribute  that  deserves  to  be  reproduced 
in  this  connection: 

A  nobler  man  never  lived — hospitable,  gentle,  calm,  self- 
poised — a  gentleman  in  honor,  in  manners,  and  in  innate  refine- 
ment. A  pure  and  lofty  soul,  he  seemed  to  me  to  be  everything 
that  a  man  could  be  to  be  respected  and  loved.  Successful  from 
his  youth  in  his  business,  with  a  mercantile  "  touch  of  gold,"  he 
•was  rich  and  generous,  without  pretension  or  pride;  and  when 
the  end  of  the  war  prostrated  his  fortune  and  he  became  old  and 
almost  blind  his  easy  dignity  lost  no  feature  of  his  serene  com- 
posure and  out  of  his  true  heart  came  no  complaint  of  man  or 
fortune.  He  accepted  the  dread  issue  of  Appomattox  without  a 
murmur  and  took  the  fate  of  his  people  with  all  of  the  fortitude 
and  manliness  and  with  none  of  the  show  of  the  Roman  Senators 
who  saw  the  barbarians  enter  Rome. 

When  the  Civil  War  sounded  its  tocsin,  Maj.  DANIEL, 
then  a  young  man  of  18,  promptly  volunteered  his  services 
and  as  a  private  entered  a  cavalry  troop  then  organizing 
in  his  native  city.  At  the  time  he  was  the  beau  ideal  of 
a  young  soldier.  Straight  as  an  arrow,  handsome  as  a 
young  god,  with  flashing  eye  and  graceful  carriage,  he 
was  indeed  good  to  look  upon.  He  was  soon  appointed 
second  lieutenant  and  received  his  baptism  of  fire  at 
Manassas.  During  this  fight  he  was  wounded  twice,  the 
second  injury  being  a  serious  one,  which  incapacitated 

[146] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 

him  for  service  for  several  weeks.  In  his  first  battle 
Maj.  (then  Lieut.)  DANIEL  evinced  that  conspicuous  gal- 
lantry for  which  he  was  distinguished  during  his  entire 
military  career. 

Lieut.  DANIEL  became  Maj.  DANIEL  and  a  staff  officer  in 
March,  1863.  His  active  service  covered  a  period  of  almost 
three  years.  During  that  time  he  participated  in  many 
great  battles,  serving  mainly  under  Gen.  Jubal  A.  Early, 
whom  he  extravagantly  admired  and  was  always  ready 
to  defend  against  any  criticisms  directed  against  his  mili- 
tary conduct  or  capacity.  This  admiration  was  returned 
by  Gen.  Early,  who  looked  upon  him  almost  as  a  son  and 
after  the  war  followed  his  political  fortunes  with  unceas- 
ing interest  and  unwavering  support.  While  in  the  act  of 
rallying  a  broken  regiment  at  the  Battle  of  the  Wilderness, 
Maj.  DANIEL  was  severely  wounded  by  a  Minie  bullet, 
which  shattered  his  thigh. 

This  wound  terminated  his  military  activities  and  per- 
manently crippled  him.  For  the  remainder  of  his  life  he 
bore  the  sequel  of  pain  occasioned  by  this  injury  with 
uncomplaining  fortitude.  Later  in  his  career,  at  a  great 
political  gathering  in  his  native  State,  an  enthusiastic  ad- 
mirer referred  to  him  as  the  "  Lame  Lion  of  Lynchburg." 
This  name  caught  the  popular  fancy  and  clung  to  him 
from  that  time  forward.  It  will  always  be  associated  with 
JOHN  W.  DANIEL  by  those  who  knew  him  in  life.  The  mere 
sight  of  that  stately  figure,  with  its  pathetic  limp,  ever 
served  to  set  a  Virginia  audience  aflame  and  interrupt 
whatever  else  was  in  progress  by  a  storm  of  vociferous 
and  spontaneous  applause. 

After  the  war  Maj.  DANIEL  was  without  fortune  or  voca- 
tion. Naturally,  he  turned  to  that  profession  in  which  his 
father  and  grandfather  had  won  such  distinction  and  for 
which  he  possessed  unusual  gifts  of  mind  and  character. 
He  entered  that  great  school  of  law  then  presided  over  by 

[147] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

John  B.  Minor  and  prosecuted  his  studies  with  the  energy 
which  distinguished  all  his  efforts.  Shortly  after  leaving 
the  university  he  formed  a  partnership  with  his  father, 
which  continued  until  the  latter's  death,  in  1873.  In  the 
practice  of  his  profession  Maj.  DANIEL  met  with  immediate 
success.  Gifted  in  many  directions,  studious,  eloquent, 
splendidly  ornate  in  illustrations,  yet  severely  logical  in 
argument,  the  richness  of  his  reasoning  and  his  compell- 
ing power  of  speech  made  him  a  power  alike  before  the 
courts  and  juries.  He  was  the  author  of  two  books  which 
added  greatly  to  his  reputation  as  a  lawyer — Daniel  on 
Attachments  and  Daniel  on  Negotiable  Instruments. 

The  first  was  a  compendious  handbook  chiefly  designed 
for  local  use  and  extremely  serviceable  at  the  time;  the 
other  was  on  a  more  ambitious  scale,  and  may  be  fairly 
styled  a  monumental  work.  The  labor  of  its  preparation 
was  prodigious  and  its  reception  by  the  legal  world  most 
flattering.  It  is  a  recognized  authority  in  the  courts  of 
Great  Britain,  the  United  States,  and  Canada,  and  has  run 
through  five  editions.  Maj.  DANIEL  early  felt  the  lure  of 
politics.  This  was  inevitable,  for  his  ambitions  ran  in 
this  direction,  but  apart  from  personal  inclination,  he  was 
almost  forced  into  the  political  arena  by  the  imperative 
demand  that  unsettled  political  conditions  in  Virginia 
made  upon  the  services  of  all  genuine  patriots.  This  was 
a  call  that  Maj.  DANIEL  was  the  last  man  to  ignore,  and  he 
volunteered  for  duty  with  the  same  ardor  and  enthusiasm 
with  which  he  tendered  his  services  to  the  cause  of  the 
Confederacy.  He  was  first  elected  to  the  house  of  dele- 
gates in  1869,  and  served  in  that  body  for  three  years. 
Later  he  was  elected  to  the  State  senate  and  reelected  in 
1878.  Maj.  DANIEL  was  twice  a  candidate  for  the  nomina- 
tion for  Congress  in  the  old  Lynchburg  district  and  twice 
defeated.  He  was  also  defeated  as  a  candidate  for  gov- 
ernor. The  feeling  in  Virginia  in  1881  over  the  local  issue 

[148] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 

of  readjusterism  against  funderism  was  intense.  The  re- 
adjusters  nominated  for  governor  William  E.  Cameron,  a 
vigorous,  able,  and  aggressive  speaker. 

The  Democrats  turned  to  Maj.  DANIEL.  Personally  he 
was  unwilling  to  become  a  candidate.  The  issue  was 
doubtful  and  his  private  affairs  required  his  unremitting 
attention.  But  the  call  to  lead  was  imperative  and  obe- 
dience to  its  demand  seemed  a  duty.  Maj.  DANIEL  was  not 
the  man  to  shirk  a  duty  in  any  form  and  was  as  willing  to 
lead  a  forlorn  hope  in  a  political  engagement  as  on  the 
pitched  field  of  murderous  battle.  The  campaign  that 
followed  was  the  most  exciting  ever  conducted  in  Vir- 
ginia. At  times  it  seemed  as  if  by  the  sheer  force  of  his 
intense  and  magnetic  personality  and  the  witchery  of  his 
eloquence  Maj.  DANIEL  would  carry  his  party's  flag  to 
victory.  But  it  was  not  to  be.  His  opponent  was  elected 
by  a  large  majority.  But  this  contest  fixed  Maj.  DANIEL'S 
place  in  the  affections  of  his  party,  and  from  that  time 
forward  anything  that  he  wanted  of  the  Democrats  of 
Virginia  was  his  for  the  asking. 

In  1884  Maj.  DANIEL  was  elected  to  the  House  of  Repre- 
sentatives, and  before  the  expiration  of  his  term  was 
elected  to  the  Senate,  a  position  that  he  held  at  the  time 
of  his  death,  having  just  been  unanimously  reelected  for 
the  fourth  time.  In  addition  to  these  honors,  Maj.  DANIEL 
was  many  times  a  delegate  to  the  national  conventions  of 
his  party,  and  the  temporary  chairman  of  the  convention 
of  1896.  In  1901  he  was  elected  a  member  of  the  Virginia 
constitutional  convention,  and  took  a  leading  part  in  its 
deliberations.  It  is  an  open  secret  in  that  State  that  if  he 
had  allowed  his  friends  to  put  him  forward  he  would  have 
been  made  president  of  the  convention. 

This  brief  sketch  of  Maj.  DANIEL'S  life  affords  but  an 
inadequate  account  of  its  honors  and  his  activities  in 
many  directions.  He  was  in  constant  demand  for  public 


[149] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

addresses,  and  his  orations  on  these  occasions  would 
alone  serve  to  establish  his  reputation  as  a  great  orator, 
one  of  the  greatest  that  this  country  has  produced.  The 
greatest  of  these  orations,  the  one  perhaps  that  gave  him 
the  most  instant  reputation,  was  a  memorable  eulogy  de- 
livered in  Lexington  in  1883,  on  the  occasion  of  the  unveil- 
ing of  the  recumbent  statue  of  Gen.  R.  E.  Lee.  The  effect 
of  this  address  was  thrilling  and  instantaneous.  Its  rich 
cadences  lingered  in  the  ears  of  his  auditors  like  strains  of 
sweet  and  solemn  music,  so  that  they  were  loath  to  leave 
the  scene  of  their  enchantment.  Like  Adam,  on  another 
occasion,  they  stood  still,  transfixed  with  wonder  and 
delight. 

The  angel  ended,  and  in  Adam's  ear, 

So  charming  left  his  voice,  that  he  awhile, 

Thought  him  still  speaking,  still  stood  transfixed  to  hear. 

But  there  are  many  other  addresses  that  take  close  rank 
with  this  masterpiece,  and  will  be  included  in  the  volume 
of  his  orations  soon  to  be  published.  Perhaps  there  is  no 
man  in  the  United  States  who  has  made  more  speeches  of 
a  purely  political  character  than  Maj.  DANIEL.  He  was 
always  at  the  call  of  his  associates  when  a  campaign  was 
in  progress,  and  in  any  community  of  Virginia  where  con- 
ditions were  considered  to  be  untoward,  Maj.  DANIEL  was 
put  forward  to  speak  for  his  party.  Even  after  his  posi- 
tion had  become  so  assured  that  there  was  no  occasion  for 
him  to  "  mend  his  fences,"  he  relaxed  in  nowise  his  accus- 
tomed participation  in  the  activities  of  the  annually 
recurring  political  contests  of  his  State.  It  was  character- 
istic of  this  great  man  that  he  accepted  defeat  without 
bitterness.  He  brought  no  railing  accusation  against  his 
party  when  he  failed  to  secure  the  nominations  to  high 
office  upon  which  he  had  set  the  hope  of  an  honorable 
ambition. 


[150] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 


Maj.  DANIEL  was  not  equipped  to  attain  popularity  by 
the  arts  usually  deemed  essential.  He  was  not  a  mixer. 
He  maintained  no  organization,  though  an  organization 
man.  He  was  not  a  supple  diplomatist.  He  never  shirked 
an  issue.  He  was  plain,  direct,  straightforward,  and  unas- 
suming. He  respected  himself,  and  therefore  respected 
others.  To  trickery  in  all  its  forms  he  was  vehemently 
opposed.  His  nature  was  sincere  and  his  heart  as  far 
from  deceit  as  heaven  from  earth.  Scorning  any  form  of 
evasion  or  double  dealing,  he  was  one  of  those  rare  na- 
tures who — 

Would  not  flatter  Neptune  for  his  trident, 
Or  Jove  for  his  thunder. 

The  meditations  of  his  heart  were  never  concealed  by 
veiled  or  subtle  forms  of  speech.  He  contemned  the  cyni- 
cal maxim  of  Talleyrand  that  speech  was  given  to  men  to 
conceal  their  thoughts,  and  rejoiced  to  express  his  atti- 
tude on  all  questions  requiring  expression  in  terms  that 
were  incapable  of  misapprehension.  Like  the  father  of 
poesy,  he  could  say: 

Hateful  to  me,  as  are  the  gates  of  hell, 
Is  he,  who  hiding  one  thing  in  his  heart, 
Utters  another. 

But  his  utter  frankness,  his  sincerity,  his  simplicity  of 
nature,  his  free  but  courteous  speech,  drew  men  to  him 
and  held  their  imaginations  captive  in  bonds  stronger 
than  the  most  cunning  artificer  could  forge  for  the  physi- 
cal restraint  of  their  persons. 

In  Virginia  DANIEL  was  a  sentiment.  He  occupied  a 
unique  position  in  our  State.  There  was  no  rival  near  his 
throne.  Secure  in  his  hold  upon  our  people,  he  was  at 
once  loved,  admired,  and  revered.  Some  men  are  loved, 
others  are  admired,  still  others  are  revered,  but  it  is  given 
to  few  to  excite  the  three  emotions  on  the  largest  and 

[151] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

most  generous  scale.  He  was  admired  for  the  splendor  of 
his  glowing  rhetoric,  the  variety  and  sweep  of  his  thought, 
his  copious  diction,  and  his  noble  and  stately  eloquence. 
He  was  loved  because  he  loved  much.  He  was  revered 
for  his  lofty  conception  of  public  and  private  duty,  the 
Spartan  character  of  his  integrity,  and  the  essential  purity 
of  his  life. 

Maj.  DANIEL'S  capacity  for  work  was  marvelous  and  his 
industry  unremitting.  The  combination  of  great  natural 
powers  and  indefatigable  application  enabled  him  to  ac- 
complish results  that  are  little  short  of  stupendous  when 
we  consider  the  demands  constantly  made  upon  his  time 
by  the  exacting  requirements  of  a  public  life  that  began 
when  he  was  almost  a  boy,  and  the  further  fact  that  he  was 
rarely  free  from  gnawing  pain,  the  legacy  of  honorable 
wounds.  And  yet  we  know  that  much  of  the  world's  best 
work  has  been  done  with  pain  as  a  constant  companion. 
This  was  true  in  the  case  of  the  great  preacher  Hall,  whose 
life  was  a  long  moan  of  agony.  This  was  true  in  the  case 
of  many  others  whose  waking  moments  were  a  ceaseless 
succession  of  racking  torments.  Maj.  DANIEL  might  have 
said,  as  a  greater  genius  did  say  in  pathetic  reference  to 
himself:  "  For  years  I  have  not  had  a  day's  real  health.  I 
have  wakened  sick  and  gone  to  bed  weary;  and  I  have 
done  my  work  unflinchingly."  That  work  to-day  is  a 
priceless  treasure  of  this  generation.  Unflinchingly. 
Ah!  That  is  the  word.  Unflinchingly.  How  well  it 
describes  Maj.  DANIEL'S  discharge  of  duty,  his  perform- 
ance of  all  tasks,  whether  self-imposed  or  not.  In  this 
unflinching  attitude  toward  the  day's  work  is  found  the 
secret  of  his  success.  The  treasures  of  his  learning  were 
freely  used  in  public  speech.  Drawing  on  the  stores  of  a 
broad  and  generous  culture,  there  was  no  subject  which 
he  touched  that  he  failed  to  illumine  and  adorn.  He 
had  "  the  taste,  the  judgment,  the  erudition,  the  feeling  for 


[152] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 


the  beautiful,  the  appreciation  of  the  noble,  and  the  sense 
of  the  profound,"  which  enabled  him  at  all  times  to  quote 
well  and  copiously. 

He  was  ambitious,  but  his  ambition  was  honorable 
aspiration  to  "  do  some  valiant  deed  of  which  mankind 
should  hear  in  aftertime."  His  was  the  ambition  to 
achieve  great  things  along  the  path  of  duty,  not  the  vault- 
ing ambition  that  overleaps  itself.  He  had  a  nature  of 
whom  friends  and  foes  alike  could  say  that :  "  If  it  be  a 
sin  to  covet  honor,  he  was  the  most  offending  soul  alive." 
Maj.  DANIEL  was  intensely  democratic  and  intensely  pa- 
triotic. His  vision  was  large  and  clear.  He  loved  the  Vir- 
ginia of  the  past,  the  Virginia  of  history  and  of  tradition, 
but  he  did  not  live  in  the  past.  He  was  a  vital  part  of  the 
throbbing  present.  At  times  when  absorbed  in  contem- 
plation he  had  the  look  of  the  mystic,  but  he  was  not  a 
dreamer.  He  was  strong,  virile,  and  intense.  When  he 
struck,  he  struck  hard.  When  he  allowed  his  thoughts  to 
range,  they  ranged  widely.  He  did  not  hesitate  "  to  lean 
over  the  rim  "  of  the  present,  and — 

Dip  into  the  future,  far  as  human  eye  could  see, 

View  the  vision  of  the  world,  and  all  the  wonder  that  would  be. 

In  public  service  his  object  was  "  his  country,  his  whole 
country,  and  nothing  but  his  country."  Like  Coriolanus, 
he  could  say: 

I  do  love  my  country's  good  with  a  respect  more  tender,  more 
holy  and  profound  than  mine  own  life. 

In  his  relation  to  his  constituents  Maj.  DANIEL  was  frank- 
ness itself.  He  was  too  fond  of  the  right  to  pursue  the 
expedient.  While  never  attacking  his  party  or  deriding 
his  adversaries,  he  never  allowed  himself  to  be  swept 
along  by  the  force  of  a  public  opinion  that  ran  counter  to 
his  judgment.  He  might  defer  to  that  opinion  when  such 
deference  involved  no  surrender  or  abandonment  of 

[153] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

principle,  but  his  own  attitude  was  always  known — and 
he  never  hesitated  to  avow  it,  regardless  of  the  possible 
effect  upon  his  own  personal  fortunes.  He  possessed  that 
courage  which  is  the  essential  of  high  character;  that 
courage  of  which  it  is  said — 

Courage,  the  highest  gift,  that  scorns  to  bend 

To  mean  devices  for  a  sordid  end. 

Courage,  an  independent  spark  from  Heaven's  bright  throne, 

By  which  the  soul  stands  raised,  triumphant,  high,  alone. 

Great  in  itself,  not  praises  of  the  crowd, 

Above  all  vice,  it  stoops  not  to  be  proud. 

Courage,  the  mighty  attribute  of  powers  above, 

By  which  those  great  in  war  are  great  in  love. 

The  spring  of  all  brave  acts  is  seated  here, 

As  falsehoods  draw  their  sordid  birth  from  fear. 

His  ideals  were  not  reserved  for  the  closet  or  for  ab- 
stract contemplation.  He  conformed  the  activities  of 
daily  life  to  their  requirements. 

Slander,  whose  edge  is  sharper  than  the  sword,  never 
touched  Senator  DANIEL.  It  is  often  said  that  envy  assails 
the  noblest,  and  the  winds  howl  around  the  highest  peaks. 
But  there  was  something  in  the  grave  and  stately  decorum 
of  Maj.  DANIEL'S  life  that  quenched  the  fiery  darts  of 
malice  and  stilled  the  winds  of  detraction.  He  was  never 
ashamed  to  meet  the  eyes  of  other  men,  for  in  his  whole 
life  there  was  no  act  of  which  he  needed  to  feel  ashamed. 
Like  the  great  Pitt,  he  wrapped  himself  in  the  mantle  of 
his  integrity.  Secure  within  its  ample  and  spotless  folds, 
he  dared  his  adversaries  to  do  their  worst.  The  white 
light  beat  upon  him,  but  revealed  no  spot.  He  lived  a 
pure  and  noble  life  until  the  time  arrived  when — 

He  gave  his  honors  to  the  world  again, 
His  blessed  heart  to  heaven — 

and  the  soldier  was  at  rest. 

[154] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 


He  was  not  the  type  of  public  man  whom  the  Roman 
satirist  had  in  mind  when  he  penned  his  famous  lines: 

Get  place,  and  wealth,  if  possible,  with  grace, 
If  not,  by  any  means,  get  place,  and  wealth. 

Inevitably  the  words  of  the  Psalmist  recur  to  us  when 
we  recall  the  life  and  public  career  of  Maj.  DANIEL.  He 
lived  an  uncorrupt  life;  he  did  the  thing  that  was  right; 
he  spoke  the  truth  from  his  heart. 

Maj.  DANIEL  was  never  ruffled  by  adversity,  but  bore 
prosperity  and  adversity  alike,  with  moderation.  His  life 
was  marked  by  that  high  seriousness  which  Aristotle  has 
noted  as  an  invariable  accompaniment  of  preeminence. 
All  of  his  work  was  characterized  by  diligent  and  careful 
preparation.  He  was  not  a  frequent  participant  in  the 
current  debates  of  the  Senate,  though  well  able  to  main- 
tain himself  with  dignity  and. credit.  As  pointed  out  by 
Senator  Lodge  in  his  beautiful  and  discriminating  eulogy, 
"  he  liked  large  issues,  because  they  afforded  the  widest 
opportunity  for  speculation  as  to  causes,  and  for  visions 
of  the  future."  Maj.  DANIEL'S  style  of  speech  was  rich 
at  all  times  and  in  early  life  florid.  He  loved  to  deal 
in  tropes  and  figures,  and  in  his  vivid  utterances  were 
realized  "  the  thoughts  that  breathe  and  words  that  burn.'* 
He  possessed  in  abundant  measure  that  exuberant  imagi- 
nation which  bodies  forth  the  forms  of  things  unknown, 
and  the  poet's  pen  which  "  turns  them  to  shapes  and  gives 
to  airy  nothings  a  local  habitation  and  a  name."  But  as 
time  passed  his  style  became  more  austere,  so  that  his 
logic  was  more  observed  than  the  form  of  words  in  which 
it  was  expressed  or  the  illustrations  with  which  his  argu- 
ments were  adorned.  In  the  ordinary  relations  of  life 
Maj.  DANIEL  was  sincere,  courteous,  frank,  and  dignified. 
These  traits  have  been  noted  by  all  his  eulogists.  In  this 
connection  it  is  not  amiss  to  cite  Senator  Lodge  again,  for 


[155] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

the  beauty  of  his  tribute  testifies  to  the  depth  of  the  im- 
pression made  upon  the  statesman  from  Massachusetts 
by  the  charm  of  Maj.  DANIEL'S  personality. 

"The  grave  courtesy  of  his  manner,  which  never 
wavered,  had  to  me  a  peculiar  charm.  I  should  not  for  a 
moment  think  of  hinting  even  that  the  manners  now  gen- 
erally in  vogue  are  not  better,  but  they  are  certainly 
different.  Manners  like  those  of  Senator  DANIEL,  I  sup- 
pose, would  be  thought  to  take  too  much  time,  both  in 
acquisition  and  practice,  among  a  generation  which  can 
employ  its  passing  hours  more  usefully.  Yet  I  can  not 
divest  myself  of  the  feeling,  an  inherited  superstition,  per- 
haps, that  manners  such  as  his — serious,  gracious,  elabo- 
rate, if  you  please,  but  full  of  kindness  and  thought  for 
others — can  never  really  grow  old  or  pass  out  of  fashion." 

Maj.  DANIEL  was  not  rich,  as  men  count  riches.  He  died 
as  he  had  lived,  poor  in  worldly  goods,  but  rich  in  the 
approving  favor  of  his  cotemporaries,  in  friendship's 
smiles  and  the  affectionate  regard  of  his  intimates.  He 
bequeathed  a  stainless  life  to  his  children,  a  noble  herit- 
age, one  more  to  be  desired  than  fine  gold. 

Maj.  DANIEL  was  a  devoted  husband  and  an  affectionate 
father.  As  a  statesman  he  translated  into  the  discharge 
of  public  duties  those  virtues  which  adorned  his  family 
relations.  In  this  ideal  private  and  family  life  may  be 
found  the  key  to  the  beauty  of  his  public  career.  It  was 
long  ago  pointed  out  by  ^Eschines,  in  a  memorable  ora- 
tion, that:  He  who  hates  his  own  children,  he  who  is  a 
bad  parent,  can  not  be  a  good  leader  of  the  people.  He 
who  is  insensible  to  the  duties  which  he  owes  to  those  who 
are  nearest  and  who  ought  to  be  dearest  to  him,  will  never 
feel  a  higher  regard  for  the  welfare  of  those  who  are 
strangers  to  him.  He  who  acts  wickedly  in  private  life, 
can  never  be  expected  to  show  himself  noble  in  his  public 
conduct.  He  who  is  base  at  home,  will  not  acquit  himself 


[156] 


ADDRESS  OF  MR.  SAUNDERS,  OF  VIRGINIA 

with  honor  when  sent  to  a  foreign  country  in  a  public 
capacity;  for  it  is  not  the  man,  but  the  place  merely  that 
is  changed.  It  was  the  genuine  quality  of  Maj.  DANIEL'S 
patriotism  and  his  sensitive  regard  for  duty  which  im- 
pressed all  who  came  into  relation  with  him  in  his  public 
capacities. 

Maj.  DANIEL'S  style  was  copious,  lucid,  and  flowing.  His 
arguments  were  richly  broidered  with  gems  of  fancy  and 
erudition.  In  his  lighter  vein  when  he  ranged  from  grave 
to  gay,  from  lively  to  severe,  he  was  charming,  with  a  most 
pleasing  and  attractive  humor  and  many  deft  and  happy 
turns  of  speech.  But  he  never  lost  the  grave  dignity  of  his 
manner,  or,  with  infinite  jest,  undertook  to  "  set  the  table 
on  a  roar." 

His  eloquence,  brightening  whatever  it  tried, 
Whether  reason,  or  fancy,  the  gay  or  the  grave, 

Was  as  rapid,  as  deep,  and  as  brilliant  a  tide 
As  ever  bore  freedom  aloft  on  its  wave. 

He  had  the  ear  of  the  Senate  whenever  he  rose  to  speak, 
for  he  never  failed  to  bring  to  his  subject  the  results  of 
wide  reading,  profound  reflection,  and  careful  study. 
Most  fitly  may  that  be  said  of  him  which  he  said 
of  another:  He  was  not  the  servant  of  personal  ambition 
or  of  private  ends.  He  was  faithful  to  truth  as  he  saw  it; 
to  duty  as  he  understood  it;  to  constitutional  liberty  as  he 
conceived  it.  On  March  8,  1910,  the  news  ran  through 
Virginia  that  he  had  suffered  a  stroke  of  paralysis  at 
Daytona,  and  the  whole  State  thrilled  with  voiceless  ap- 
prehension. A  little  later  he  was  brought  home  to  Lynch- 
burg,  and  on  June  29  "  God's  finger  touched  him  and  he 
slept."  The  rest  is  silence. 

It  is  well,  ere  "  history  fades  into  fable  and  fact  becomes 
clouded  with  doubt  and  controversy,'*  that  the  men  of  this 
generation  should  set  down  with  loving  intent,  if  halting 


[157] 


MEMORIAL  ADDRESSES:  SENATOR  DANIEL 

phrase,  the  abundant  excellencies  of  this  great  man's  life. 
He  was  indeed  a 

Statesman,  yet  friend  to  Truth,  of  soul  sincere, 
To  action  faithful,  and  in  honor  clear, 
Who  broke  no  promise,  served  no  private  end, 
Who  gained  high  honors,  yet  lost  no  friend. 

Maj.  DANIEL  at  the  time  of  his  death  was  not  old  as  men 
reckon  age.  His  natural  powers  were  not  abated  nor  his 
eye  dimmed.  He  had  not  reached  the  concluding  winter 
of  life,  merely  its  sober  autumn,  when  death  smote  him 
and  ended  his  activities.  His  life  had  been  a  notable  one. 
He  had  known  all  the  distinction  that  an  admiring  people 
could  heap  upon  him  and  all  the  joy  that  springs  from 
untiring  toil.  Within  the  years  of  his  public  service  he 
had  compressed  many  crowded  hours  of  glorious  life. 
That  life  has  been,  and  will  be,  an  inspiration  to  thousands 
who  turn  away  from  the  sordid  bickerings  of  time-servers 
and  place-hunters  to  the  contemplation  of  its  beauty  and 
purity.  We  will  not  soon  look  upon  its  like  again.  In  the 
starry  heavens  which  proclaim  the  handiwork  of  God, 
revolve  great  orbs  whose  fires  have  long  been  quenched, 
but  to  the  eye  of  man  they  are  still  visible.  Their  light 
streams  earthward  in  apparently  undiminished  splendor. 
It  is  so  with  our  dead  friend.  The  radiant  glory  of  his  life 
is  not  ended  with  death. 


[158] 


